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How is fault determined after a fatal car accident?


Posted on behalf of Michael D'Amico of D'Amico & Pettinicchi, LLC on Jul 09, 2014 in Fatal Motor Vehicle Accidents

No matter how serious, getting involved in a car accident is disruptive. On the other hand, a fatal motor vehicle accident has the power to completely take families off guard and change their lives forever.

Without the presence of a loved one, people stand to lose a lot. The premature loss of guidance and time spent together can be overwhelming, which doesn't even account for lost wages and medical bills. With this in mind, those who have lost a close relative in a car accident might be wondering what's necessary to receive compensation.

Many motor vehicle accidents are the result of negligence, which is one of the keys to a successful claim.

In other words, it is generally necessary to demonstrate another party's negligence in order to recover after a fatal accident. For the average individual, it may be intimidating to be faced with the prospect of looking into the circumstances behind an accident. Thankfully, this isn't a task that needs to be completed alone. An experienced personal injury lawyer will have the skills necessary to piece together details and build a case on behalf of the victim's loved ones.

One of the most important factors in determining fault is using the police report. In the event of a fatal accident, it's almost guaranteed that officers will report to the scene. When they do, they will likely record facts, thoughts and observations as it relates to the accident. Of course, these details can prove invaluable when determining who is responsible for a crash.

It's worth noting, however, that police reports may not always be accurate. As such, it may be necessary to dig a little deeper to find verifiable evidence.

Beyond the police report, it may be necessary to turn to eyewitnesses or certain specialists. Depending on police findings or the details of an accident, it may be necessary to get the opinion of someone who is versed in accident reconstruction.

Dealing with the loss of a loved one is understandably overwhelming. At the same time, moving forward with a civil claim can be a demanding process, which is why it may be most beneficial to seek an experienced injury attorney to work toward being made whole once again.

Source: FindLaw, "Car Accident Liability: Proving Fault in a Car Crash," accessed July 9, 2014