Determining liability in an auto collision has often been viewed as more of an art than a science. Therefore, it shouldn't be too surprising that a record number of disputes are being sent to Arbitration Forums for resolution. If you empower the claims adjuster with the flexibility to define the standard to which they compare a driver's performance, then it is not particularly shocking that the resulting analysis supports their initial take on liability. Because no standard is more valid than the next, you are left with a stalemate of sorts, regardless of how hard you argue.

Although there may be some doubt about an individual liability assessment, there is no doubt about its impact on the bottom line. Not only does it affect the amount an insurer pays on the claim, but it also keeps the company from properly assessing the risk and collecting the appropriate premium. Auto collisions are particularly well suited for scientific analysis. After all, the vehicles involved are governed by the laws of physics described by Newton many centuries ago. Advances in technology not only make a scientific approach feasible, but cost-effective as well.

A collision occurs because two vehicles attempt to occupy the same space at the same time. As long as both cars reach impact at the same time, we have a common point on each vehicle's timeline. This allows us to work backwards and calculate where they were at any point prior to impact, assuming that we know what each was doing. Our objective is to evaluate what the driver either could have—or should have—done in response to a perceived hazard. This requires taking certain factors into consideration, including acceleration rates, initial speeds, distances, perception/response times, and so on. With these variables, we can calculate the total stopping distance of the approaching vehicle. If it is at least this distance from impact, then the collision is avoidable. The adjuster will be able to collect some of these items from statements and others from police reports. During the course of the accident investigation, published research will also provide a reference and assist in making the most accurate determination possible.