Question
In a accident report , a driver is said to be the cause of a accident ( by his actions ) , no citations are issued .
So my question is , are At Fault and Cause considered to be the same thing ? How does no citations being issued effect this judgement ?
Trying to learn something new .
Fred H.
Answer
If an accident report indicates that an individual is the "cause" of the incident, the insurance company will probably interpret that to be "at fault". The citation is at the discretion of the officer.
Answer
If Connie answered your question, then no reply is necessary.
However, if you could clarify a bit, it might help. Are you trying to convince your own insurance company, or others, that the police report is incorrect or incomplete? Are you dealing with an employer who wants to take adverse action against you for a preventable accident, when you thought it was non-preventable. Or, perhaps your question deals with the primary collision factor (e.g. unsafe lane change, unsafe speed for conditions, etc) versus associated factors (such as inattention - a driver was talking on a cell phone or was adjusting the radio). r/ jim.
Answer
Thanks Connie ,
Was reading a story in the local paper about a accident here locally ( non-trucking ) , and the police stated " Caused " but did not state " Fault " . They did say no tickets were issued or pending . So I was just curious how the 2 words were interpeted , being it the same or differently .
Thanks Again ,
Fred H.
Answer
In most jurisdictions nowadays, police departments are getting away from labeling a person "at fault" or one who "causes" accidents. In the old standard, the person listed as Driver Number 1 is usually interpreted as the responsible party in an accident. Not anymore. State Police agencies, local police and sheriff's departments now are beginning to not list a driver as a responsible party in an accident. Why? Because they are not qualified to and more and more people are suing those entities who falsely accuse them of being "at fault" or the "cause" of an accident which causes financial harm to them later when for instance their insurance premiums go up. Most police departments today do not have qualified investigators to label a party "at fault". They can't afford to have their Certified Traffic Accident Reconstructionists tied up on mundane, non-fatal accidents and are thereby leaving the judgment calls to the courts and more likely the insurance adjusters. This phenom. is catching all over the USA. In the near future, unless an accident is reconstructed by a certified reconstructionist (more than likely only when fatals are involved) fewer and fewer people will have to go to court in local jurisdictions on criminal misdemeanor traffic charges.
Answer
Bob,
Thanks for sharing that. You are so right, as I've seen this in my work. Especially, in situations that to us appear very blatant and there are no citations issued.