Fault in a traffic accident generally is decided by the police, insurance companies, and the courts should an accident case actually get to trial. The police will take statements from witnesses and gather other available evidence, including traffic or security camera footage.
They might or might not ultimately charge someone with a traffic violation in the accident. If they do, that doesn’t settle the issue of fault—for instance, the police rarely witness the accident—but it makes it more likely that insurance companies will agree with the police determination of who was at fault. In the absence of any driver being cited, the insurance companies investigate and then work out fault.
If fault remains disputed, such cases are much more likely to result in litigation, even if they eventually settle before actually reaching trial. Because of the way the process works, that just makes it all the more important to gather any information at the accident scene possible. This could include photos of the scene, contact information from witnesses, or even just observations from the scene, such as the location of any security or traffic cameras, that could provide information that investigators—for the police, insurance companies, or your lawyer—could use to help determine fault.
Never make any statement—to the police or one of the insurance companies involved—that the accident was somehow your fault. Stick to the facts when talking to the police. Refer all insurance company inquiries to your Atlanta motorcycle accident lawyer.
