How Do You Determine Liability in an Auto Accident?
When car accidents happen, it is essential to determine who bears responsibility for the resulting damage and medical bills. Determining fault impacts everything from your insurance claim and level of liability to the amount of confusion you may endure during the claims process. Educate yourself on automobile accident laws, determining responsibility in a car accident, and how to gather evidence to prove culpability. Your rights, financial health, and peace of mind are on the line.
Why Does Fault Matter So Much?
Rather than worry about establishing blame, your main focus is on getting your car repaired and your medical bills paid. The reason fault matters so much in car crashes is the at-fault party must pay for the injured party’s damages. You do not want to have to foot the bill for another person’s negligence, nor do you want to risk your auto insurance premiums increasing because your coverage provider deems you as an at-risk driver when you are not.
If multiple parties share the blame, then determining separate levels of fault becomes the final goal. In this scenario, the responsible parties only have to cover their portion of the damages linked to their level of liability.
How Do Police Determine Liability from Automobile Accident Laws?
State highway patrol, city police, a sheriff’s deputy or a similar body of law enforcement called out to the scene of the collision act as one of the primary liability determinants. When law enforcement arrives, they check for injured individuals and study the scene. Next, they interview all parties involved in the crash before speaking with witnesses. The officer then creates a brief account of the events and attempts to determine who initially caused the accident. If you and the other driver have conflicting stories of what happened, there were no witnesses and evidence does not help determine fault, then law enforcement does not have enough details to assign blame.
If no one was injured in the crash and the event does not block traffic or present a danger to the public, then law enforcement may not come out to inspect the scene or write a report. You may have little choice but to let your insurance provider decide on the responsible party.
How Do Insurance Companies Determine Liability?
Insurance companies, like law enforcement, assess which driver was at fault. When you file a claim, a claims adjuster is assigned to review your case. They’ll examine the damage to your vehicle, go over any police report you received, and determine fault. Based on their findings, the adjuster will decide whether your insurance or the other driver’s insurance should cover the damages.
Claims adjusters don’t just rely on police reports—they also examine other evidence, like witness statements and any photos or videos captured after the crash. This is why it’s crucial to take your photos and gather as much information as possible at the scene, even if the police are investigating. Your documentation could play a key role in shaping the adjuster’s assessment.
Adjusters will also interview you about the accident, so it’s important to be cautious about what you say, as your statements can be used against you. If possible, consider consulting an attorney familiar with your state’s accident laws. They can advise you on how to communicate with your adjuster or, in some cases, handle the discussions directly on your behalf.=
What Are No-Fault and At-Fault Accidents?
Depending on the state you live in, there could be no-fault automobile accident laws in place. In these states, all drivers must have personal injury protection as part of their auto policy to cover injuries sustained in collisions. That said, property damage resulting from a crash in a no-fault state is handled on an at-fault basis.
States that do not have personal injury protection coverage laws have at-fault insurance regulations. That means that whichever driver bears responsibility for the accident handles all property damage and injuries via liability coverage.
Are There Instances Where Blame Is Immediately Clear?
In some car crashes, there can be no denying the responsible party. For instance, in rear-end incidents, one of the most common kinds, the person who slams into the back of the other car is usually the one to blame. Traffic laws dictate leaving adequate room between cars to come to a complete stop without hitting the vehicle in front of you if the other driver suddenly stops. The main reason for the collision was likely the at-fault party not leaving enough following distance.
It is not unheard of for guilty parties in such scenarios to claim the fault lies with a third party. For example, the other driver may say she or he could not help ramming into the back of your vehicle because another driver plowed into the back of her or his vehicle. Also, you could bear a measure of culpability if your brake lights were out when the event happened or you had car trouble and stopped in the middle of the road instead of pulling over to the shoulder.
In left-turn collisions, the motorist turning left almost always takes the full brunt of accountability. Vehicles driving straight at an intersection almost always have the right of way. This is another scenario wherein you may bear comparative negligence if you ran a red light when the other vehicle hurled into you.
This is why it’s important to hire an attorney well-versed in the automobile accident laws in your area.
What Is Comparative Negligence?
When parties share liability in a car collision, it is comparative negligence. If one party sues another for damages, the jury may find that both parties share the blame for what transpired. The jury assigns a percentage of blame to both drivers and bases damages on that amount. For example, say you sue the other motorist for $100,000. The jury finds that you contributed to the crash by 30%, while the other driver contributed 70%. In this case, you’d only receive $70,000 rather than $100,000. This way of establishing comparative negligence differs from state to state.
Work With an Experienced Local Lawyer
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About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
