Sometimes it is difficult to determine who is at fault in a car accident, but it is a critical issue. There may be multiple parties that contributed to the accident, such as more than one driver. A defective vehicle or hazardous road conditions may be responsible. In some cases, we might need to retain an investigator or accident reconstructionist to determine exactly who or what caused your accident—and how the accident likely occurred.
The police report contains the initial facts of the accident, including the date and time of the accident, weather and road conditions, a diagram of the site, and a listing of vehicle damage. It would list contact information for those involved and any witnesses. However, the report may not include a determination of fault. Even if the official police report states who was at fault for a car accident, this does not automatically mean that the person will be liable for the accident in a lawsuit.
The victim must prove that the other party was at fault for the crash. For example, a negligent driver who did not cause the accident would not bear responsibility for the crash. Unlike criminal cases, the standard of proof for this type of lawsuit is “by a preponderance of the evidence.” Essentially, this means that the theory presented in your claim is more “likely than not.”
For more specific information about your potential legal claim, contact The Levin Firm today.