275 Joliet Street, Suite 330 | Dyer, Indiana 46311

Proving Fault in an Auto Accident by Assessing Vehicle Damage

In the aftermath of an auto accident, determining fault is essential for a victim to recover financial compensation for injuries suffered. Evidence such as witness statements and police reports play a role in finding fault, but the condition of the vehicles involved also can be highly indicative of how the accident transpired.

The location and severity of damage on the vehicles can be valuable clues as to the cause of the crash. A classic example is a rear-end collision, where the car that strikes the vehicle from behind is typically deemed at fault. This is because the following driver has a legal obligation to maintain a safe distance to avoid such an incident. However, if the car that was rear-ended slammed on their brakes abruptly without cause, or their brake lights malfunctioned, they might be found partially responsible. The extent of the damage shows the force of the impact and thus may indicate the relative causation.

Another scenario is a T-bone accident, where one car slams into the side of another. If this occurs at an intersection where the car that was hit had the right of way, such as at a green light, the point of impact on the side of that car can indicate that the first car had a red light but failed to stop. 

Still another scenario is when an oncoming car hits another vehicle turning left at an intersection. If the oncoming car is damaged on the front left corner or left side, it may indicate it tried to swerve to avoid the collision. If the turning vehicle’s right rear corner or right side is damaged, the oncoming car’s driver was likely negligent.

While the location and severity of vehicle damage offer valuable insight, they are not the sole factors determining fault. Forensic evidence can significantly influence the outcome. Skid marks, for instance, can illustrate which vehicle was braking heavily or swerving prior to the collision. Witness accounts can corroborate details about how the accident unfolded, such as whether a car ran a red light or failed to yield the right of way.

The complexities of fault determination underscore the importance of retaining a skilled auto accident attorney who will conduct a thorough investigation, meticulously examining the damage sustained by all vehicles involved. They will also collaborate with accident reconstruction experts to recreate the events leading up to the crash. This will place you in a stronger position to recover the compensation you deserve for medical expenses, car repairs and other damages incurred as a result of the accident.

At Rubino, Ruman, Crosmer & Polen in Dyer, we have extensive experience championing the rights of auto accident victims throughout Indiana. For a free initial consultation, call 219-227-4631 or contact us online.

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