How Do Police Determine Fault in an Accident?

Written by Parnall Law Firm reviewed by Bert Parnall

Bertrand Russell Parnall Owner/CEO at Parnall Law Firm

how do police determine fault in an accident

Car accidents have dire consequences, including life-threatening injuries and fatalities. The overwhelming experience of an injury makes it challenging for the injured victim to remain calm and objective.

You should take the proper steps after the crash, including notifying the local police department. Once an officer arrives at the scene, they create a police accident report with important details of how the accident occurred.

A police report provides valuable details that can determine the at-fault party in an accident.

Consult a trusted car accident attorney in New Mexico if injured in an accident caused by someone else’s negligence.

What Evidence is Involved in a Car Accident?

After a car accident, you’ll need evidence to establish fault, liability, and damages. Various types of evidence are available to support your case. Some evidence is available at the accident scene, and others from third parties.

Here’s a list of evidence commonly used to prove a car accident claim:

Police accident report
Eye witness statements
Images of vehicle damage
Images of physical injuries
Images of traffic signals to capture the state of traffic during the collision
An opinion from an accident reconstruction expert
Medical records and bills
Traffic camera footage
Video surveillance from nearby shops
Pay stubs and tax returns to prove how much you lost because of the accident

How Do Police Determine Fault in an Accident?

Police have special training to establish fault in a car accident.

Here’s how police determine fault in an accident:

Police Take Note of the Facts

The police record several facts about the accident and those involved in the accident, including:

Date, time, and location of the crash
Weather and visibility conditions
Damage to the vehicles involved
A record of physical injuries sustained by drivers and passengers
Diagram of how the accident occurred, including point of impact, position after crash, and directions of vehicles involved
Evidence of driver negligence, including drugs or alcohol bottles
Skid marks and debris from damaged vehicles

The police take images and videos of details in the immediate vicinity.

Record Details From Drivers Involved

A police officer records the following information from the drivers involved:

Driver’s license number
Insurance details
Name, contact details, and address
A statement with more information about events leading to the accident

The police also record a statement from the bystanders at the crash site.

Police Forms an Opinion

Unless a police officer is an accident reconstruction expert, they do not establish fault. Instead, they write a narrative describing what they observed at the scene, including driver and witness statements.

Personal injury attorneys and insurers rely on a police opinion when establishing fault and liability.

What Happens if Fault Can’t Be Determined?

In some instances, fault cannot be established by the police, drivers, or insurance companies. There are a few options available to you. Some drivers chose arbitration to establish fault without litigating the matter in court.

A neutral arbiter decides each driver’s percentage of fault. The other driver may file a lawsuit or pursue compensation from a small claims court.

Some insurers may split the costs equally between the drivers if it is too difficult to determine fault, mainly in the absence of a witness.

What’s the Role of the Insurance Company?

Ensuring an insurer correctly evaluates the accident scene will protect your right to compensation as an injured victim. If the insurer wrongfully deems you at fault, you can lose your right to compensation.

Your insurer may also pay your accident-related losses if the other motorist has insufficient coverage. If you have uninsured or underinsured motorist coverage, your insurer covers the losses if the negligent driver can’t pay as required.

How Can a Car Accident Attorney Help You?

If you are ever involved in a car crash, you should immediately hire a car accident attorney. They can help you initiate a personal injury claim in pursuit of compensation from the at-fault party.

Here’s how an attorney can help your case:

Prove the Extent of Your Injuries

When initiating a car accident claim, it is vital to consider the full extent of your injuries. Physical injuries may also force you to miss work, leading to loss of income. Injuries also impact the quality of life and emotional state.

An attorney can compile the following evidence to prove the injury and its impact on your life:

Medical reports and notes
Images of the injury
Diagnostic report
Prescription note
Receipts of special medical equipment and supplies

Meet Important Deadlines

Knowing court and regulatory deadlines is a compelling reason to hire a car accident attorney. If the court requires the submission of documents by a specific date, your attorney is best placed to comply.

For instance, injured victims have three years to file a personal injury lawsuit after a car accident. You risk losing your right to compensation if you file a late claim.

Determine Your Losses

You stand a better chance of recovery if you understand the full extent of your losses. A car accident attorney will evaluate the facts of your case and establish the applicable damages.

You can obtain various damages depending on the facts of your case, including:

Medical expenses
Lost income
Transport expenses to and from medical appointments
Pain and suffering
Emotional anguish
Loss of companionship

Without legal experience, you could leave money on the table by accepting a low-ball offer that barely meets your injury-related losses.

A Car Accident Attorney Will Negotiate With Insurers

Insurers put in maximum effort to reject valid claims or make insufficient offers. An attorney is vital in evaluating the merits of offers from the at-fault party’s insurer. More importantly, they are highly skilled and experienced to negotiate a better deal for your losses.

Get in Touch With an Experienced New Mexico Car Accident Attorney to Secure Your Right to Compensation

You deserve compensation for injury-related losses if you are injured in a car accident caused by someone else’s fault. An attorney can use their skills to retrieve a police accident report, establish fault, and protect your right to compensation. Parnall Law is a team of highly experienced attorneys with a proven track record of representing injured victims.