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How Fault Can Be Determined Through the Use of a Police Report in a Car Accident

| Jun 3, 2020 | Motor Vehicle Accidents

The State of California is home to some of the busiest streets and highways in the country. Unfortunately, these roadways are susceptible to many car accidents each year. According to the California Highway Patrol, more than 223,000 individuals suffer injuries as a result of being involved in a traffic accident in a single year. An additional 3,000 individuals tragically die as a result of traffic accidents each year.

Following an automobile collision, a person can sustain serious injuries that can lead to extensive medical debt, the loss of income that follows that inability to return to work, as well as permanent disabilities. A family who has lost a loved one as a result of a traffic accident is not only left with emotional grief and distress, but will also lose the support and financial contributions made by the victim to the household. In the State of California, victims have the option of filing a personal injury lawsuit against the responsible party in effort of recuperating from their losses.

Determining liability following a car accident can sometimes prove to be a complicated undertaking. Simply accusing another of the accident is not enough, and proving a case will therefore involve a thorough investigation. If you were involved in a car accident, speaking to a well-versed personal injury attorney can help defend your right to a fair monetary settlement.

The Role of a Police Report in Establishing Fault After an Auto Accident

Following a car accident, it is widely recommended to remain in the scene until a police officer can arrive at the scene. This is particularly critical when it is believed that the other party is responsible for causing the accident. Upon arrival, the police officer will interview those involved in the incident and will also interview witnesses. The goal is to determine the most accurate account of what transpired.

The responding officer will then put this account into his or her official police report, which may include his or her professional opinion of who the at-fault party was. It is important to note that even when a report includes a statement identifying an at-fault party, this is not a final determination for the purpose of legal liability. While a police report does not mandate an at-fault party, it can be a useful tool when persuading an insurance company and civil court to make a determination on who is the at-fault party.

Additionally, if the responding officer believes that one of the driver’s was breaking the law when the accident occurred, he or she can issue that driver a citation for violating the traffic law. This could then lead to further investigations conducted by the law enforcement agency, which could lead to that driver’s arrest. For instance, a driver that was found to be intoxicated at the time of the accident can have a Blood Alcohol Concentration test and this can further help establish this party’s liability in causing the accident.

Following an Automobile Accident, Defend Your Right to a Fair Settlement. Speak to an Experienced Personal Injury Attorney

In the State of California, victims have a right to seek monetary compensation following a vehicle accident caused by another. Although a victim can be left with mounting medical expenses, a sudden loss of income, and physical pain from the injury, seeking a monetary settlement is not an easy process. The reality is that most victims will have to fight for their right to a settlement.

Martinez & Schill, LLP is a law firm dedicated to the support of auto accident victims who have been injured as a result of another’s negligence. As a well-established law firm in Southern California, the attorneys at Martinez & Schill, LLP are prepared to vigorously defend the rights and interests of their clients. As a result, the firm has a proven track record of helping their clients obtain the maximum amount of compensation available. Contact the firm today for a free, no-obligation consultation.