Accidents happen so fast in Wilmington. And the aftermath is not much better. There can be so much confusion with both drivers pointing accusing fingers at each other. Sorting out who is at fault in a Wilmington accident can seem like a complicated matter.
Despite the complications, Wilmington accident lawyers still find a way to determine who is at fault. So how does a Wilmington accident lawyer determine fault? We’ll get to that, but first, what are the things that could cause an accident? And what can you do after an accident?
Common Causes of an Accident in Wilmington
An accident generally happens when a vehicle collides with another vehicle, a person, or an object. It can include multiple vehicles and multiple people. The more vehicles are involved, the more difficult it is to figure out who is at fault.
Although accidents can be caused by extenuating factors like sudden snow storms or earthquakes, other causes are a little more common. Some of these common causes of accidents in Wilmington include:
- Driving above the speed limit
- Driving while intoxicated or under the influence of illegal drugs
- Aggressive driving
- Driving distractedly, either as a result of texting, eating, making a phone call, etc.
- Failing to yield the right of way
- Following another vehicle too closely
- Manufacturing defects in the vehicle
What to do After an Accident in Wilmington
No one wants to experience an accident. Nonetheless, it can happen even if you are driving as safely as possible. Should an accident occur, the first you want to do is stop and access the situation. It’s best to remain exactly where you are if moving is hazardous to yourself or others. Doing this would also help to preserve evidence.
However, if remaining where you are, poses a danger to others, then you can move to a safe location that is close to the accident scene. The next thing to do is to call the police. It doesn’t matter if anyone is hurt or not; you are required by law to notify the police after an accident. Also, call an ambulance if anyone is injured.
While waiting for the police to arrive, you can take pictures of the accident from as many angles as possible. These pictures will serve as evidence of the accident. Before leaving the scene, you should also exchange contact information with the other party or parties involved.
How to Determine who was at Fault
A Wilmington accident lawyer can determine fault by investigating the accident and interviewing any witnesses. The lawyer would also examine pictures, and any other available evidence to deconstruct the accident scene and follow the chain of events that led to the accident.
The location of the damage on the vehicle may also help to determine fault. If the accident was a rear-end collision, the law is generally in favor of the driver in front. This presumption of fault remains even where the front driver stopped in traffic, and the gap was minuscule. However, if the front driver failed to maintain brake lights, he may share in the fault.
Also, if the damage is on the passenger side of the vehicle, the presumption of fault is on the other driver. This happens when a vehicle that’s turning left at an intersection hits another car going straight. The police report of the accident can also be useful in determining fault.
An accident can be very overwhelming, during, and after. The effect can be devastating as well, not only on the victims but on their families too. Determining fault in the event of a Wilmington accident becomes important as it determines who is entitled to be paid damages. A Wilmington accident lawyer can not only help to determine fault but also help to determine the legal options.