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Jason R. Schultz P.C

Proving Fault Based on Location of Vehicle Damage


Blog Category:
8/9/2013
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In many car accident cases, proving fault can be a challenge. It is one person’s word against another. However, the location of vehicle damage can sometimes be a deciding factor. This is why it’s critical that physical evidence is preserved, and that a variety of photographs are taken of the vehicles (including close-ups and wide view shots).

How the Location of Damage on a Vehicle Can Help in Determining Fault

When a vehicle is damaged in the back, the driver who struck the vehicle from the rear is most often at fault. If the crash occurred at an intersection where one vehicle is making a left turn, if one vehicle had frontend damage and the other had damage to the side passenger door, this could show that the person with damage to the side had turned directly in front of the other vehicle.

Now let’s say Driver A’s vehicle was damaged on the side passenger door and is claiming that Driver B suddenly pulled out of a parking lot and hit it. The side damage on Driver A’s vehicle would likely substantiate that assertion. But if the damage was in the front of Driver A’s vehicle, it would be much more difficult to prove that Driver B pulled out and hit Driver A. Instead, it would look as if Driver B had already pulled out of the parking lot and was then struck by Driver A.

In addition to physical evidence and pictures, there are other ways to help prove fault. If there were any witnesses to the crash, they may be able to testify as to what happened. The responding police officer may even provide an opinion on the accident report based on visible damage to the vehicles or other factors.

Keep in mind that the location of damage isn’t necessarily the only element of a car accident case. There could be other ways in which defense may try to prove partial fault even when the plaintiff’s vehicle was struck by the defendant. Call Jason Schultz for legal representation when filing a claim or facing allegations of partial fault for the accident.



Category: General


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