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Car Accident

How is fault determined in a car, truck, motorcycle, or bicycle accident?

In a car, truck, motorcycle, or bicycle accident, determining who is at fault is a matter of deciding who was negligent in causing the accident. The following factors are taken into consideration to determine who was at fault in an auto accident:

  • Did the driver violate the traffic rules?
  • Was the driver (or pedestrian or cyclist) not reasonably careful?
  • Did the driver's conduct cause actual injury or damage to someone?

Should I contact the police if I’m in a car accident?

Yes, you should contact the police if you are in a car accident. Even if the accident seems minor, contact the police immediately.

Here’s why:
  • The police will file an official report concerning the accident.
  • The police report is trusted by insurance companies as a basis for filing claims.
  • The police report is an official document and proof of the accident.
  • The police will get first-hand information from witnesses.

If I was not wearing a seat belt at the time of my accident, can I still file a claim for damages?

Yes, you can still file a claim for damages if you were not wearing a seat belt at the time of the accident. However, this fact may reduce the damage recovery amount. This is because many states accept a seat belt defense made to limit damages granted in a car accident claim. This simply means that in case you are injured in a car accident and were not wearing a seat belt, your recoverable damages may be lessened.