How Can You Tell Who Hit Whom in a Car Accident?
November 23, 2024
Determining fault is a vital part of any car accident case. While deciding who caused an accident is straightforward in some cases, it can be extremely difficult in others. Often, determining who was at fault comes down to studying several different factors. How can you tell who hit whom in a car accident? Here are some of the considerations to take.
The police report of your accident is an important part of determining fault. However, if your legal team is building a case for you, they will often look for more supporting evidence than what is in the police report.
Traffic Camera Footage
If your car accident happened in an area with surveillance cameras, it’s likely that you’ll be able to obtain a clear view of the accident. Some areas — like many busy city intersections — may even have multiple cameras. This kind of evidence is ideal because it can provide multiple angles of the accident. If the responsible driver’s legal team tries to assert that the footage is misleading, having multiple camera recordings of the same incident is a great way to refute those claims.
If your accident happened in an area with one or more traffic cameras, your legal team may be able to request footage from the time of your accident. However, they don’t have an unlimited window of time to do this. Many cities will erase traffic camera footage every 30 days, and some will not wait even that long. That’s part of why it’s so important to talk to an attorney as soon as possible after your accident. The sooner you can connect with a lawyer, the greater the likelihood that they’ll be able to secure important evidence in your case.
Unfortunately, there are many areas where there are no traffic cameras at all. In this case, there’s still a chance that another camera captured your accident. Your legal team may explore the area and look for any businesses with surveillance cameras that may have picked up your accident. If the crash happened on a residential street, there’s a possibility that a doorbell camera picked up footage.
Dashcam Footage
Having a dashcam is a great way to protect yourself in the event of an accident. Because most dashcams capture the area in front of and behind the car, they can prove that you were not at fault for your accident. Depending on the type of accident, a dashcam may or may not give your legal team a clear view of what happened. For example, if you are parked and another car drives into the side of the vehicle, your dashcam isn’t likely to capture any images of the other car.
When it comes to evidence of your accident, more is always better. Always tell your attorney if you have dashcam footage of the accident or the time immediately before it. Your lawyer can tell you if that footage could play an important role in your case.
Police Reports
Your Accident Report Contains a Wealth of Information
After getting yourself to a safe location, calling 911 is the most important thing to do after a car accident. This call gets you medical help, and it also summons police to the scene of the accident. The police will complete an accident report that identifies the person who seems to be at fault. That report will often have the following types of valuable information for your legal team:
- A diagram of the accident scene
- Information about involved vehicles
- The name and contact information of the other driver
- Statements from witnesses
- Information about the condition of the road
- Information about the weather at the time of the crash
- Information about any citations given to involved drivers
- The officer’s narrative of what they believe happened.
Many police reports are accurate, but when the stakes are high — as they are in a car accident lawsuit — you may need an expert to evaluate the accident as well. Your legal team might call in analysts to review the police report and gather any important information that may support your case.
If you’ve been hurt in a car accident someone else caused, don’t wait — call Wapner Newman today at (215) 569-0900 for a free case evaluation.
Location of Vehicle Damage
The kind of damage to the cars involved can tell you a lot about the accident itself — including who hit whom. For example, imagine that you were rear-ended by a speeding driver in your neighborhood. However, the driver tells police you backed up suddenly into the front end of their vehicle. The damage to the front end of the other car and the rear of your car is substantial enough to suggest that very high speeds were involved. Because it is extremely unlikely that you were speeding while driving backward, anyone could look at that damage and reasonably assume the other driver rear-ended you.
Skid Marks
When analyzing an accident, an accident reconstruction expert will often pay special attention to skid marks on the road. To the untrained eye, skid marks are evidence that an accident happened, but they don’t indicate much else. However, if someone has training in accident reconstruction, they can measure skid marks, consider the vehicles involved and the weather at the time of the accident, and make a fairly accurate determination about how fast both vehicles were going. You might not be able to learn everything about an accident by the skid marks alone, but when viewed alongside other evidence, skid marks can provide valuable information on who caused an accident.
The Car’s “Black Box”
Cars have event data recorders (EDRs) to capture critical information about the car’s speed, airbag deployment, and other behavior before and during the crash. EDRs are colloquially called “black boxes.” In the event of a crash, your car’s EDR may be able to give your legal team valuable information about the circumstances of your crash. If your legal team thinks using EDR data will help your case, they may be able to find a trained professional who can interpret the data and explain how it illustrates who was liable for the accident.
Eyewitness Testimony
Not all car accidents have outside witnesses. However, if someone witnessed your accident (or even if they didn’t see the accident but stopped to help), their testimony may be a crucial part of your case. Getting the contact information of any witnesses at the scene of your accident may make it easier for your legal team to contact them. However, if you can’t do this, the police report of your accident will likely include the names and contact information of witnesses on the scene.
Accident Reconstruction Findings
After a serious accident, insurance companies will usually send out insurance adjusters and their own accident reconstruction experts. Your legal team may independently analyze the adjuster’s report, and, if necessary, they may arrange for an independent accident reconstruction expert to study the circumstances of your accident and make important determinations about liability. Testimony from these experts can play a pivotal role at trial and even in negotiations with insurance companies.
Have You Been Hurt in a Car Accident?
A Successful Claim Starts With the Right Attorney
Car accident attorneys don’t criminally prosecute at-fault drivers, but most successful lawyers will investigate your accident as thoroughly as any detective would. There’s no way to guarantee you will receive compensation for your injuries in a car accident, but having an experienced, driven legal team can greatly increase your chances. At Wapner Newman, we have successfully recovered millions for our injured clients. If we take your case, we will fight for you like you are family.
If your injuries were caused by another driver’s reckless conduct, you shouldn’t have to contend with the consequences alone. Call Wapner Newman at (215) 569-0900 to book your free consultation today.