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

After a serous car accident, you may be left dealing with devastating injuries, long-term rehabilitation and care, and mounting medical and household bills, at a time you may be unable to work.  You may be entitled to compensation for your losses, but Kentucky accident laws are complicated and involve showing that another party was negligent and at fault for causing the crash that injured you. Determining who hit whom in a car accident is not always straightforward, and can lead to insurance companies and their attorneys trying to put the blame on you, pay out less than you deserve, or deny claims altogether.

If you or a loved one was injured or someone has died in a car accident, you may be able to receive compensation for your losses through insurance or a personal injury lawsuit. However, Kentucky is a pure comparative negligence state, which means that any damage award you might get if you are successful in a legal claim will be reduced by the same percentage you are found to be at fault in causing the crash (Kentucky Revised Statutes section 411.182). People involved in car accidents often try to blame the other party while accepting little to no responsibility for their actions, and their attorneys will do everything possible to prove this is the case.

For all these reasons, it is important to speak to an experienced car accident lawyer as soon as possible after a car crash to help prove who hit whom, establish liability, and fight for the full compensation you should be entitled to.

Who Hit Whom in a Car Accident

There are times when it seems obvious who hit whom in a car accident, such as when a speeding driver runs through a red light and crashes into another car that was proceeding on green, or when one car slams into another from behind. The position of the vehicles, the location of damage on each vehicle, and evidence such as skid marks, paint damage, and debris from the accident, are telltale clues as to who hit whom.  There may also be eyewitnesses who can testify as to how the accident happened, or it might have been caught on nearby traffic or surveillance cameras, or there may be a police report where the professional opinion of the responding officer cites one party as being at fault.

However, there are many situations where determining who hit whom in a car accident can be challenging. For example, if the collision involved several vehicles or a chain-reaction crash where one vehicle causes several subsequent collisions, it becomes more complex to establish the sequence of events and assign fault to specific drivers. If the weather is bad or the accident occurs in an area with limited visibility or where traffic signals are malfunctioning, or if there are no eyewitnesses, skid marks, or surveillance videos, it can be difficult to establish fault.  And in situations where several drivers did something to contribute to the accident, it can be complex to assign a percentage of fault to each. Even police reports are generally not admissible as evidence in car crash trials in Kentucky, because they are considered hearsay.  They may be able to be used in out-of-court negotiations or to identify the investigating officer for purposes of obtaining testimony.

Determining Fault in a Car Accident

When determining fault in a car accident is not straightforward, your attorney will often utilize accident reconstruction experts who use scientific methods to analyze the evidence and provide a professional opinion on who hit whom. Determining fault involves analyzing several key factors:

• Location and type of vehicle damage: The position and nature of damage on each vehicle can show how the collision occurred. For example, rear-end collisions typically show damage to the front of one car and the rear of another, and the rear driver is often the one at fault. In a T-bone crash at an intersection, the damage will usually be to the front of one car and the side of the other. Sideswipe accidents, where one vehicle drifted out of their lane or failed to check blind spots are more challenging, but still can be analyzed.
  Keep in mind that, even if it is found that one vehicle struck another, the striking vehicle may not always be at fault. There may be extenuating circumstances that come into play, such as if the driver that was hit was behaving recklessly, was inebriated and swerving, or suddenly slammed on the brakes without reason.
• Evidence at the accident scene: Physical evidence such as distribution of debris on the road, the skid marks and tire tracks left behind, and the analysis of paint transfers, chips, and rust patterns in vehicle can also provide crucial information about how the accident occurred, as does the final resting positions of the vehicles after the collision.
• Witness testimony: Passengers, other drivers, and anyone else who saw the crash can offer important testimony about who struck whom and what happened, such as whether there were traffic violations or erratic or unsafe driving behavior.
• Other evidence, from surveillance video, traffic cameras, cell phone records, and medical records: Videos of what happened provide direct evidence, as does the fact that cell phone records show that one driver might have been texting and caused the crash.  Medical records provide indirect evidence such as situations where the injury caused whiplash, indicating that the vehicle might have been struck from behind.

In any case where it is unclear about who struck whom, a thorough, comprehensive investigation considering all available evidence is often necessary to accurately determine fault.

Get Help Determining Fault in a Car Accident

After a serious accident, the experienced personal injury lawyers at the Johnson Law Firm have the resources and ability to determine who hit whom and fight for the compensation you deserve.  Attorney Billy Johnson can determine responsibility for the crash and the extent of damages, and handle all legal requirements, court filings, investigations, and negotiations involved with recovering full financial compensation. We get results, such as the $24 million settlement awarded in a recent truck wreck case on first day of trial.

We offer a free consultation to discuss the circumstances of your case, and there are no costs to you unless and until we win your case.

GET HELP NOW 606-437-4488