When determining liability, the moments after an accident are often chaotic. However, it is important to remember that fault is rarely black and white.
For instance, holding a defendant partially responsible for a car accident may be possible if they breached their duty to act safely but were not the proximate cause of their injuries.
Location
The location of an accident can play a role to determine who is liable for the damages. This can include things like the vehicle’s direction, if skid marks are visible, or other details that could be used to help identify the driver responsible for the crash.
Often, the location of an accident will also depend on what time of day it happened. This is because, for example, a driver who flees the scene at night will be harder to catch than someone who drives simultaneously during the day.
It is important to gather as many details at the scene of a hit-and-run as possible. This includes names, addresses, phone numbers, and other information for witnesses. These can help police locate the driver and get them in trouble if they are eventually found.
Time of Day
Leaving the scene of an accident is almost always considered a hit-and-run, but the time of day when the crash occurred can also play a role in your liability.
Most studies have shown that traffic accidents tend to peak mid-morning and mid-afternoon, but other factors at work also exist. The main reason is that most of us travel to and from work at those times, which means more people are on the road.
They are getting as many identifying details about the vehicle and driver as possible after any accident is important. Ask witnesses for their information, too. Businesses in the area may have surveillance cameras to help police locate the driver. Also, remember that even if an accident only results in property damage, it must still be reported to the police.
Weather
The weather is a common factor in car accidents and can influence how a collision happens. However, it does not automatically excuse drivers from liability.
Drivers must adjust their driving habits to the conditions around them. They may be liable for the victim’s damages if they fail to take reasonable precautions and cause an accident.
Driving in snow, ice, fog, rain, and wind increases the risk of an accident. However, it is not a reason to ignore other factors that could have contributed to the crash, such as speeding, using a cell phone, or ignoring traffic signals and signs.
Speed
The vehicle’s speed at impact plays a major role in the severity of property damage, injuries, and fatalities. As the old cliche goes, “speed kills.”
Even a small increase above the designated speed limit can dramatically increase the risk of an accident and the severity of injuries to all parties involved. This is because the energy dissipated in a crash increases exponentially with increased speed.
It can also reduce drivers’ reaction time and ability to take evasive action. It can also extend stopping distances, making it more difficult to avoid collisions with stationary objects or other vehicles. This information is often crucial to proving the driver breached their duty of care. An experienced car accident lawyer could use witness statements, video surveillance, or the vehicle’s black box to prove the driver was speeding at the time of the crash.
Distance
In a hit-and-run crash, you need to stay at the scene. Not only does this help the police track down the driver who hits you, but it also helps your insurance company make decisions about your claim.
Often, skid marks, debris on the road, and witness testimony can help determine who caused a car accident. Medical records can reveal side effects that weren’t apparent during the crash, such as whiplash from being rear-ended.
If you are found to be responsible for a hit-and-run, the penalties can include jail time, fines, and loss of your license. To avoid these consequences, you should contact an experienced hit-and-run lawyer as soon as possible after the crash. A skilled attorney can launch a thorough investigation to find the at-fault driver and recover compensation on your behalf.