Determining fault in a car accident can be complex, especially when the circumstances are unclear or multiple factors are involved. While many assume that fault is obvious after a collision, the reality is often more nuanced. Various elements, such as road conditions, potential distractions, and even mechanical issues, can obscure the situation, making it difficult to pinpoint a single responsible party. In some cases, both drivers may share responsibility, further complicating insurance claims and legal outcomes.
If you’ve been involved in a car accident and the fault is in question, a Western Pennsylvania car accident attorney from Luxenberg Garbett Kelly & George P.C. can guide you through the process. Our team understands the intricacies of accident investigations and can work to clarify your case, helping you pursue the compensation you deserve. Contact us today at (724) 658-8535 to schedule a consultation.
Design Matters a Lot
The fact is that road design, highway design, intersection design, you name it, matters a lot. Even the placement of a pole can carry serious consequences. Transportation officials have the responsibility of keeping safety in mind when they issue decisions such as speed limits, the placement of concrete islands, types of road markings, and much more. Even not having a tree trimming schedule or one that has trims too far apart can end up in a case where a transportation department is found liable in a crash because leaves blocked a stop sign or other important road sign.
Keep Any Fault Judgments to Yourself
You may have heard it from your insurance company: Never admit fault at the scene of an accident. Give the bare facts only. This is because, even if you think you must be at fault, you do not know the entire story. You have no idea if the other driver may have been drinking or checking a text. You have no idea if there was a much better place for that telephone pole or if there should have been a warning sign letting you know about a stop sign coming up. The causes of an accident are not always easy to identify, and it could be that the fault lies, partly or wholly, with an agency not even involved in the crash.
How Do Adjusters Determine Who Is at Fault
Insurance adjusters use a systematic approach to determine fault in an accident. The process begins with collecting statements from everyone involved, including drivers, passengers, and witnesses. These statements help adjusters understand each person’s account of the events, which they then compare to other evidence.
Adjusters also rely on any available police reports, which often contain valuable insights into the cause of the accident, as well as details like road conditions, possible violations, and any initial fault determinations made by the officers. While a police report does not determine fault in insurance claims, it holds significant weight in the adjuster’s analysis.
In addition to witness statements and the police report, adjusters may review photos, videos, and any other documentation relevant to the accident. This evidence provides a visual account of the damages and aids in reconstructing the scene to assess responsibility accurately. Each piece of information is examined in detail to determine how the accident occurred and which party may have contributed more to the incident
Adjusters strive to reach a fair conclusion on fault by piecing together all the facts based on available evidence and Pennsylvania’s fault laws. However, the insurance claims process can be challenging, especially when dealing with disputes or low settlement offers. A Western Pennsylvania car accident attorney from Luxenberg Garbett Kelly & George P.C. can help protect your interests and help you receive the compensation you deserve. Contact us today to schedule a consultation.
| Design Element | Potential Safety Impact |
|---|---|
| Speed Limits | Influences driving behavior and reduces the risk of accidents in high-risk areas. |
| Placement of Concrete Islands | Helps manage traffic flow and prevents unsafe maneuvers. |
| Road Markings | Provides guidance for drivers, especially at intersections and turns, helping to prevent confusion. |
| Tree Trimming Schedule | Ensures visibility of signs and signals, reducing risks due to obstructed views. |
