As a victim of a traffic accident, your first question may be about what caused the crash. There are some instances in which the crash may have been out of the driver's control. For example, if there was a mechanical malfunction in the vehicle, then the driver may have done all they could to avoid a crash but could not in the end.
In other cases, the driver may have done something illegal before getting behind the wheel. For instance, the police may discover that the driver is intoxicated or using drugs. Impairment is a serious offense and a leading cause of collisions in the United States.
Does the cause of the accident matter?
It can. While your lawsuit against the driver or claim against the driver's insurance will be through a civil court, that doesn't mean that you are unable to file a criminal complaint. Additionally, if you can prove that the other driver caused the accident due to negligence or misconduct, then you will have a stronger case for more compensation.
How can you prove fault?
Usually, it is the police who determine fault. Investigators come to the scene, and witness testimonies are taken. You will also likely discuss the crash with an officer. You should do all you can to explain what happened to the police without trying to say that you or the other person was responsible. You never want to incriminate yourself. Don't apologize, even if you think you may have caused the crash. It is better to stay silent and allow the police to do their job than to accidentally place yourself at fault.