Understanding Car Accident Liability: Who’s at Fault?
Updated: 5 hours ago
Being involved in a car accident can be an overwhelming experience, but one of the most crucial aspects in the aftermath will be determining who was at fault. Liability in car accidents refers to the legal responsibility of one party to compensate the other for the damages or injuries that occurred, with the insurance company of the at-fault person typically being the party that pays. Therefore, fault can significantly impact insurance claims, legal proceedings, and overall compensation following a wreck. By understanding how liability is established after a car accident, you can further protect your rights after a wreck and ensure a fair outcome.
The Basics of Liability in a Car Accident
Car accident liability revolves around the concept of “fault”. When a person is at fault for an accident, they become legally responsible for the resulting damages or injuries. Generally speaking, this means that their insurance company will have to pay for the damages of the other party, including vehicle repairs, medical expenses, and other costs. Liability will also come into play during personal injury lawsuits where the at-fault driver could be sued for additional damages.
Fault is typically determined by looking at which party acted negligently or violated traffic laws that caused the accident. A driver who runs a red light and hits another vehicle due to being on their phone, for example, would likely be found to be at fault for the wreck. This is why one of the first steps to follow after a car accident occurs is to speak with witnesses to the incident. Determining fault is not always straightforward, though, especially when multiple drivers are involved or if there are conflicting accounts of what happened.
Common Factors Which Determine Fault in a Wreck
When a car accident occurs and fault needs to be assigned, there are several key factors that help insurance companies and the court determine fault:
Traffic Law Violations: One of the most significant indicators of fault is whether any drivers violated traffic laws such as speeding, running red lights, or failing to yield
Eyewitness Testimony: Witnesses at the scene can provide valuable information about how the accident occurred and their accounts can help clarify what each driver did leading up to the collision
Police Reports: After an accident, the responding police officer will typically file a report that includes their observations and a summary of what likely happened which is often critical in determining fault
Physical Evidence: Evidence on the road such as skid marks, vehicle damage, and the location of the accident can help reconstruct how the collision occurred so that a reasonable estimation of who is at fault can be determined
Together, all of the above factors help paint a picture of what happened during the accident, allowing insurance companies, police, and sometimes courts to determine liability.
Comparative vs. Contributory Negligence in an Accident
Depending on the state you live in, two types of negligence will be looked at when liability is assigned after a wreck: comparative and contributory negligence:
Comparative Negligence: In many states, liability is often not all assigned to a single driver. In these states, comparative negligence is used so that fault is shared between the parties. If one driver was speeding and another driver failed to signal a lane change, as an example, both could partially be found to be at fault and the awarding of damages would be split based on the percentage of fault. There are two sub-types of comparative negligence to be aware of:
Pure Comparative Negligence: This is when a driver is allowed to recover damages still, even if they are at 99% fault for the accident.
Modified Comparative Negligence: This is when a driver is only allowed to recover damages if they are less than 50% at fault for the accident.
Contributory Negligence: In a select few states, if a driver is even found to be at 1% fault for an accident they are barred from recovering any damages. This is often viewed as a stricter version of the rule of negligence and can leave drivers without any compensation for even a simple mistake.
The Role of Insurance in Determining Fault
Insurance companies will play a major role in determining fault after a car accident. Once a claim has been filed, the insurers will launch an investigation to assess the details of the accident and assign liability. This process will involve reviewing the police report, gathering witness testimony, looking at the physical evidence, and even analyzing external conditions such as the weather at the time.
An insurance adjustor is the professional that insurance companies will send out to determine who was responsible for the collision and what portion of the damages they will cover. This is why it’s crucial to provide your insurance company with all relevant documentation including photos, witness information, contact information, and a copy of the police report if one was filed.
Determining When Legal Help is Necessary
While many car accidents are straightforward and can be handled by the parties involved and insurance companies, there are situations where contacting a lawyer after an accident is one of the crucial steps to follow. If the fault is disputed, injuries are severe, or if the insurance company fails to offer a fair settlement, then contacting a personal injury lawyer may be necessary. Lawyers can help you by gathering additional information, negotiating with insurance companies on your behalf, and taking the case to court.
Protect yourself legally following a car accident
Understanding liability in a car accident is crucial for protecting yourself legally following a wreck. Fault can impact everything from insurance payouts to legal disputes, so it’s essential to know how liability is determined. Whether this is discovered through traffic law violations, physical evidence, or a police report, it can paint a strong picture of liability in an accident. Familiarize yourself with the negligence laws in your state so that you can know when to seek legal help so that you’re prepared if you ever find yourself in a car accident.