How Can You Tell Who Hit Whom in a Car Accident

If a motor vehicle accident injured you, figuring out what happened and who caused your crash may be tricky—especially if multiple cars were involved.

Fortunately, you do not have to figure everything out alone. This post explains how you can figure out who hit who in a car accident. Determining who caused a car accident affects your legal claim; an experienced car accident attorney can assist you with this process and help you pursue the justice you deserve.

Proving Fault After a Car Crash and Why it Matters

Florida has a no-fault law. If a motor vehicle accident harms a person, they file a claim under their own automobile insurance policy, regardless of who caused the accident. For this reason, all Florida motorists must have Personal Injury Protection (PIP) insurance included in their car insurance policy.

However, because no-fault insurance has limits, damages may exceed the coverage amounts, or injuries may be severe enough to meet the law’s “injury threshold.” In these situations, accident victims may be able to file a lawsuit against the motorist who caused the accident. However, victims must first show that the other driver caused their accident to proceed with a lawsuit.

Negligence, as opposed to intentional actions, causes most car crashes.

To bring a negligence case, motor vehicle collision victims must establish:

• The at-fault party owed them a duty of care
• The at-fault party breached their duty of care
• This breach caused their accident
• The accident damaged them

Due to the complexity of legal cases, you should reach out to an experienced car accident attorney after an accident. A lawyer can verify that you have a viable claim, determine your legal options, and advise you of your next steps.

How Can You Tell Who Hit Whom in a Car Accident?

Even though you may know that a car accident caused your injuries, determining what happened and who was at fault for the crash may not be apparent. To determine liability after a motor vehicle accident, you or your attorney can examine the evidence, including:

Police Reports

After your motor vehicle accident, you should call 911 immediately to alert the police and medical personnel of the accident. Doing so also gets the crash on record.

Once the police arrive, an officer can conduct a preliminary investigation into the cause of the accident by:

• Examining the vehicles involved in the crash and verifying the point and angle of the impact
• Looking for clues on the street such as skid marks and checking out road conditions
• Verifying the extent of the damages
• Verifying where the vehicles ended up after the collision
• Interviewing passengers, motorists, and other witnesses, asking them questions to piece together what happened and determine whether the motorists involved in the crash broke any traffic laws

After the officers collect the information they need, they will prepare a police report to identify what happened and who caused the accident. However, just because the police report indicates that one party caused an accident does not mean they will be held legally liable for the crash. Instead, the victim’s attorney can use the report to help their legal case.

Eyewitness Testimony

If other people saw your accident, try to get their names and phone numbers. Witnesses can often provide your attorney with helpful details and testimony that validates your claim. Because witnesses do not have anything to gain financially from the accident, their testimony carries credibility. Your lawyer can use witness testimony to show what happened in the moments before the accident and who caused your crash.

Your lawyer can also use eyewitness accounts to find out:

• The weather and traffic conditions at the time of the accident
• Whether any of the motorists involved in the accident appeared to be speeding
• Whether any motorists appeared to be under the influence of alcohol or drugs (weaving in and out of traffic, erratic driving behavior, or slurred speech)
• Whether any of the motorists ran a stop sign or a red light
• Whether any of the motorists appeared to be distracted by their cell phones as they were driving

If witnesses testify at trial, the court will weigh each of their credibility when reaching a verdict.

Photos From the Scene

Pictures and videos from the accident scene can also provide valuable details.

If you can safely do so, try to take as many photos and videos of the accident as possible, including:

• The motor vehicles involved in the accident
• Damages to the vehicles
• The position of each vehicle
• The location of the accident
• Your visible injuries
• The weather conditions
• Traffic signals, road signs, and lane markings near the crash site
• Skid marks
• Poorly maintained streets such as potholes, objects, or barriers

Find out whether surveillance cameras recorded any part of the accident. Surveillance videos can show what happened and help establish liability.

Medical Reports Documenting Your Injuries

After a car accident, the injuries you endured can also help show what caused your crash and who was at fault. Following a motor vehicle collision, visit a doctor as soon as possible—even if you believe your injuries are minor. Sometimes severe injuries like brain trauma, spinal cord damage, or internal injuries do not present symptoms for hours or days. The longer these conditions go undiagnosed, the more deadly they become.

Additionally, receiving medical treatment can help your legal case. When a doctor examines you shortly after your accident, they can prepare a medical report describing your injuries. The report can link the harm you endured and your car accident. This connection can be critical if the insurance company tries to argue that your injuries are not that serious or a result of a subsequent event.

Expert Witness Testimony

A victim’s lawyer may also need to hire expert witnesses to establish liability after an accident. For example, your attorney may bring in an accident reconstructionist to piece together how the collision occurred.

Expert witnesses can also include medical professionals, economists, or other financial specialists who can testify to your injuries, treatments, disabilities, and the extent of your financial losses following the accident.

Because there are strict requirements controlling expert witness testimony, working with an experienced car accident attorney who has the resources to hire experts can make a big difference in your case.

Proving Liability and Obtaining Compensation Following a Motor Vehicle Accident

If another person’s negligent or wrongful actions harmed you in a motor vehicle accident, you might be entitled to seek certain types of compensation, including:

Economic Damages

Economic damages are easily quantifiable, actual losses caused by the car accident, including:

• Medical bills related to doctor visits, hospital stay, emergency services, ambulance rides, surgeries, and prescription medications
• Future medical treatment expenses
• Lost wages and reduced earning capacity
• Property damages related to repair costs and replacement expenses
• Domestic replacement services such as child care services or cleaning services
• Other out-of-pocket costs

Non-economic Damages

Non-economic damages are non-monetary, personal losses, including:

• Pain and suffering
• Loss of companionship and society
• Loss of consortium
• Loss of enjoyment of life
• Inconvenience
• Emotional distress
• Disfigurement

Punitive Damages

In addition, you may also seek punitive damages. Unlike the other damages that compensate victims for their losses following an accident, punitive damages punish the defendant for their egregious actions and deter others from committing similar acts. For a court to award punitive damages, the victim’s lawyer must provide clear and convincing evidence showing that the defendant acted with gross negligence or intentional misconduct.

You should reach out to an experienced car accident attorney to determine which damages you can seek. They can help you prepare a solid legal case and assist you as you pursue the financial recovery you deserve.

Work With an Experienced Car Accident Attorney to Prove Fault After a Motor Vehicle Crash

Even when a motor vehicle accident is not your fault, getting the compensation you need is not easy. The insurance company may try to devalue or deny your claim. If you have to file a lawsuit, preparing legal arguments and relevant evidence is a complicated undertaking that requires a solid understanding of your state’s laws.

Hiring a motor vehicle accident lawyer will relieve the stress and pressure you feel from handling these challenging tasks alone.

A lawyer can:

• Review your car crash in detail, figure out if you have a viable claim, and determine the legal steps you should take next
• Investigate the accident and secure the evidence needed to prove fault and damages
• Handle all discussions and negotiations with the insurance company to get a fair settlement offer
• If the insurance company refuses to make a fair offer, take your case to trial
• Correctly prepare and file legal motions for court

If you or a loved one sustained severe injuries in a motor vehicle accident and don’t know how to prove that another person caused the accident, do not wait any longer to get legal assistance. Instead, contact an experienced car accident attorney today for a free case consultation.