Who Is At Fault for an Intersection Accident?
Sometimes, liability for a car accident is not always easy to determine. The insurance companies may confer with each other and reach their determination. They could have a tough time when there is an intersection accident. In this type of accident, one driver ran a red light or stop sign. The front of one car will strike the broad side of the other.
Intersection crashes are very serious accidents. The front end of one car strikes the broad side of the other. The driver whose front was impacted may suffer injuries consistent with a head-on crash. When the other driver is hit on the broad side of their car, they could suffer serious injuries such as whiplash. If there was a passenger on that side, they could be even more seriously hurt.
The Driver Who Has the Right-of-Way Is Not to Blame
The general principle in any car accident case is that the driver who did not have the right of way was to blame for the accident. If there is a stop sign or a red light, one driver has the right to pass through, while the other must stop. However, a driver may run a stop sign or red light. That driver is the one who was to blame for the accident.
It is not always the driver who struck the other car who is to blame for the accident. The other driver may run a red light or be in the middle of the intersection when the other car legitimately passes through.
How to Prove Your Side of the Story?
In an intersection accident case, the question is establishing which driver failed to yield the right of way. You will need to have a testimony that shows that it was the other one to have a chance at financial compensation. You could gather the following evidence that could help prove your side of the story:
- Testimony from witnesses who saw the crash
- Traffic camera footage
- Dashcam footage
- Pictures from the scene of the accident
The police officer who showed up at the scene to write the accent report may have reached their conclusions about who was to blame for the accident. The police report is not necessarily conclusive proof and is not usually admissible in court as it is hearsay.
You May End Up in a Difficult Truth Contest
The problem is when you end up in a so-called “truth contest” with the other driver involved in the crash. Each of you may be telling a different story, even though you know yours is correct. Nonetheless, you still have the burden of presenting evidence that shows that the other driver was at fault, overcoming their version of events. You may end up without compensation if you do not have this evidence.
If there were no witnesses or other physical evidence that could prove the fault, your attorney may work with an accident reconstruction expert to obtain an opinion about who caused the crash. The expert would use math and physics principles to determine who was to blame for the accident. While an expert’s opinion is inconclusive, it could help overcome the other driver’s incorrect story. If you are involved in a truth contest, you need a lawyer because you may even blame yourself for the accident.
Contact Our Hartford County Car Accident Lawyers at the Law Offices of Jason L. McCoy, LLC After an Intersection Crash
If you have been hurt in an intersection crash, contact our Hartford County car accident lawyers at the Law Offices of Jason L. McCoy, LLC. Time is extremely important in these cases because liability can hang in the balance. Call us today at 860-872-7741 or complete our online form to schedule a free initial consultation. We have offices in Vernon, New Haven, and Waterbury, Connecticut, and we serve clients in Tolland County, New Haven County, and Hartford County.