Auto accidents, no matter how minor or how serious, are always disturbing events and the process of coping with insurance companies is an unwelcome chore that adds insult to injury. As simple as it might appear, identifying negligence in auto accidents to help determine fault is not always easy. Ultimately accidents fault is determined by insurance companies, not police officers. However, the actions by officers of the law and the information presented by auto accident lawyers play a large part in whether an insurance negotiator lands in your favor when processing automobile accident claims.

The role of the police officer is to make a report and collect statements. These become evidence used by insurance processors to determine negligence. For this reason it is of utmost importance that you make no confession of guilt to police officers or anyone at the scene of an accident and resist making speculations or guesses about how the incident unfolded.

To be considered negligent in an auto accident a driver must have been clearly operating their vehicle in a reckless or irresponsible manner. For example, speeding, driving while intoxicated or using a cell phone on the road is considered to be negligent behavior. Driving inattentively or while fatigued are also signs of negligence. If a driver was obviously negligent by engaging in one or more of the manners listed above, then a police officer may issue them a citation which will be used against them by the insurance company.

Insurance companies examine the negligence present in each driver involved in an accident and then divide fault between them using percentages. Negligence is broken down into four categories to examine: driver duty, breaches, causation and damages. If all four of these categories are not met the negligence is not considered to be present and that driver is not at fault.

Driver duty is the responsibility of every motorist to follow the rules of the road, be alert and avoid hazards. A breach occurs when driver duty is not upheld in one or more ways. Causation is defined as the association between any breaches of duty and the ultimate negative impact, or damages, of the accident. Damages to either property or the physical persons of those involved must exist for final fault to be determined.

It is important that anyone involved in an automobile accident contact a law firm experienced in identifying driver negligence and negotiating with insurance representatives. Frequently, coming to the table armed with your own attorney is enough to deter insurance companies from operating in bad faith. And remember, even when the insurance provider does not decide in your favor if you have a good auto accident lawyer then he or she can assist you in disputing an unfair claim in court.