The cause of many car accidents is very clear. If you were hit from behind because the other driver was texting, for example, more likely than not the blame goes to that driver. However, the cause is not always immediately known. Sometimes, both drivers can be partially at fault. When this happens, it is more difficult to determine how much each of you will have to contribute to the damages. Here are some things to keep in mind when it is not clear who is at fault.
What Is Causation?
Causation is the process of determining what caused the accident. To determine who is at fault, cause has to be discovered. Even if you are partially at fault, you can still sue for damages. In some cases, your part of the accident may not even contribute to the causation.
If, for instance, you were in your own lane and driving over the speed limit and you are hit by a driver who enters your lane, your speeding does not matter because you would have been impacted despite how fast you were driving. While you are guilty of speeding, you did not have a hand in your accident.
What Is Evidence of Causation?
Evidence is important when determining causation of an accident. You attorney will look at the police report, any video footage from cameras nearby, pictures of the scene of the accident, witness statements, and the like.
When your attorney looks at evidence, it needs to work together to help you define your case. This simply means your evidence has to corroborate itself. For example, a witness could state that you hit a car while there is video footage that shows otherwise.
You play a part in the gathering of your evidence. If you are able, take pictures and video of the accident scene right after the accident. Look for important details, such as pain from the other vehicle on yours and the position of the vehicles after the impact.
You may also need a professional witness who will analyze the physical evidence of your accident to help reconstruct the scene. This type of witness is crucial when the evidence does not completely define who caused the accident.
If you need assistance with your car accident case, be sure to consult with an auto accident lawyer today. Do not wait too long to submit your evidence, or your case can be negatively impacted.