How Do You Know if a Car Accident is Your Fault?

The first thing you do after getting into a car accident is to check for injuries. The second thing you do is assign blame. In some instances, it may be easy to determine who is responsible for an accident, but what if a dispute arises?

Many states apply a comparative negligence approach for seeking compensation after a car accident. That means that both drivers can be partially at fault and still get compensation.

It’s not like that in Maryland.

Maryland applies the pure contributory negligence rule. That means even if you’re just 3% at fault for a car accident, you would not be entitled to receive any compensation. That is why it is so important to clearly determine who is 100% responsible for a car accident.

It will help to speak with a skilled Baltimore car accident attorney like the team from Belsky & Horowitz, LLC. We have a dependable network of accident investigators who examine an accident from all angles.

Here’s how you know if the car accident was your fault:

What Is Included in a Police Crash Report?

The police should always be called to report an accident, regardless of the severity of the collision. When the police show up, they’ll generate a crash report. This report will provide the basis for determining who was at fault in the accident. Here’s what a typical police crash report will include:

• Date
• Time
• Location
• Environmental conditions
• Road and traffic features
• Driver contact information
• Passengers and pedestrians
• Witness
• Make and model of the involved vehicles
• Injuries
• Crash diagram
• Citations or violations
• Officer assessment

Although it might not be the final word, it will be a solid foundation to build the rest of your investigation on.

Witness Statements

An eyewitness to your accident can be someone who was standing on a sidewalk or driving in another car. If the witnesses remain after the accident, you can get their contact information to pass on to your attorney. You can even get them to record a statement on video.

Although that won’t be “under oath,” it can still be a reliable piece of evidence.

Accident Scene Photos or Videos

If you’re able to get out of your car after the accident without causing injury, you should take photos and videos of the accident scene.

Those photos should include the debris in the road, tire skid marks (if any), and the point of impact on the vehicles. Where your car was hit could demonstrate how hard and in what direction you were hit.

Surveillance Footage

The surveillance cameras are not just for the inside of a store. There are cameras posted outside a building that capture the wide scene of the road next to the building.

There are also traffic cameras that record the traffic at an intersection. If there are homes near your accident, they might have door cameras that capture the accident. Many car owners have dash cameras that might record the accident.

All of that surveillance footage can clearly demonstrate who was at fault.

Expert Analysis

Sometimes when the evidence isn’t clear, you and your attorney might agree to hire an expert to reconstruct the accident. These experts will gather all the evidence and reports and use that to create a recreation of the accident.

These are demonstrations that can be 2D or 3D videos, which can show a jury the events leading up to the accident and the point of impact.

Cell Phone Records and Social Media

Maryland law prohibits drivers from using their phones to send text messages. A driver’s cell phone records can be subpoenaed to demonstrate if the driver was using their phone. That can determine if they were distracted while driving, which led to the accident.

Calling a Car Accident Attorney for Support

If you were involved in a car accident caused by another driver’s negligence, you’ll benefit from speaking with the attorneys at Belsky & Horowitz, LLC. We have helped many Maryland residents pursue a claim to recover their financial losses.

If we agree to take on your case, our lawyers and investigators will provide the support needed to determine who is at fault.

We’ll also provide you with the information you need to decide the best approach for taking your claim to the next level. All our support begins with your initial free consultation.

Call to schedule that today. We want to hear what happened.