Determining Fault After An Auto Accident

Whether an auto accident was a minor nuisance or a catastrophic tragedy, it can be a very stressful and concerning time. The time following an accident can be filled with many questions and concerns. One of the most crucial concerns is determining who was at fault for the collision.

Fault State System

The State of Mississippi follows a traditional fault-based system when determining responsibility or liability after an accident. This means that the person who is deemed to be at fault for the accident is financially responsible for any resulting damages they caused. This harm can include injuries, pain and suffering, damages to vehicles, and loss of income.

Speaking to Law Enforcement Police

Police will often be called to the scene soon after the accident has occurred. The officers that respond are required to file an accident report, and it will include the information of the parties involved as well as the details surrounding the incident.

Officers will inspect damages to the vehicles involved, deem if traffic laws were violated, assess damages to property, interview eyewitnesses, as well interview the parties directly involved in the incident and include this information in their report.

In filing the report, officers may include a statement about who they believed to be at fault. While this statement does not constitute as a formal determinant of who legally is to be held responsible, it could be used as evidence in court that the driver was negligent.

Insurance Company Liability

Following an auto accident, claims will typically be filed with each parties’ insurance company. The company will review all evidence available that pertains to the accident. Some evidence that may be considered include videos or pictures of damages to your car, others car, or property, videos of the incident occurring, eyewitness statements, police reports, and medical records for injuries.

With the evidence in consideration, the company will assign fault to the party that they believe was negligent. Negligence is defined as the failure to exercise the amount of caution and care that a reasonable person would have taken in the given situation.

Let A Car Accident Attorney Help You Seek Compensation

Dealing with the aftermath of an auto accident can be a stressful situation. Our team of qualified attorneys is here to help navigate you through the process and can help to provide valuable information. Contact us at Lott Law today to see how we can help you.