Determining Car Accident Fault and Liability

Thousands of car accidents happen on a regular basis. If you’ve ever been in a car accident, you know that it can be a horrendous experience. Very few car accidents happen without some sort of injury that can range from a few bruises and contusions to death. Whether you believe the other driver is responsible or not, it is important to deal with a car accident as calmly and rationally as possible. This can be possible when you understand your rights and responsibilities with respect to the accident.

At The Scene

Your first reaction may be anger but it should not be. Instead, as soon as an accident occurs, consider taking these steps to safeguard yourself at the scene:

a) Call 911. The police are professionals with experience in handling such situations.
b) Make sure everyone is okay. For serious injuries, do not move a person unless their placement is life threatening.
c) Get the other driver’s information such as insurance carrier, name, address and telephone number.
d) Check for witnesses and talk to them to find out what they saw.
e) Contact your insurance provider and let them know you’ve been in an accident.
f) Stay on the scene where the accident occurred.

If you can accomplish these things and stay calm at the same time, it will be in your best interest for the matters at the scene when the police arrive. Even if you are determined to be at fault, you should have all of your information together so that nothing is left out and you can pass it along to an attorney you may have to hire to represent you.

Common Law Regarding Fault

When it comes to car accidents, there is common law, which has four basic premises for liability:

a) Wanton conduct
b) Negligence
c) Intentional misconduct
d) Strict liability (without respect to fault)

Car Accident Liability and Fault

Because there is common law, an assumption of negligence can easily be made when it comes to car accidents. So it may not make sense in the heat of the moment of a car accident but the last thing you should do is begin by confessing guilt for the accident. Keep a lid on such ideas, even if you believe you are guilty, because many car accident cases have to go to court. If people at the hearing start to receive testimony at you said you were guilty, it can be enough to make the judge reach the same conclusion.

Once a judge passes a guilty verdict, the person you hit is then awarded monetary damages. Depending on the severity of the accident, it may be a few hundred dollars for bump out and body work or in the case of vehicular homicide, it may be millions of dollars. Whether you have liability coverage or not, you will be responsible for paying the damages.

Determining Who is at Fault

After a car accident you may wonder who is at fault. As you might guess, some cases are easier than others to determine who is at fault. Even if you think you are at fault for an accident, you may be entitled to benefits for your injuries. Each case is different based on detailed facts including weather, inattentive driving, auto malfunction, and other circumstances which may not be obvious to you at the time of the accident. An attorney can help you determine who is at fault and can offer you advice on how to proceed.

Protecting Yourself from Fault

Generally speaking, if a traffic citation was issued to one driver, that driver will likely be found to be at fault. If a person receives a ticket for speeding, and the other driver receives one for failing to yield, then both will be found to be at fault. Sometimes people say things right after an accident like “I’m so sorry, that was all my fault. “I wasn’t paying attention. “ “I was on the phone.” Use caution when you speak to the other driver so you do not admit fault at the scene. If you have a witness to the other driver’s admission, it will be easier to prove fault later if the matter if either party brings a claim.
Witnesses

Sometimes, there is no witness, and one person will say he had a green light and the other person will say she had the green light. If there are no witnesses, it comes down to credibility and which person a jury is more likely to believe. An attorney will look at both parties and try to determine who the jury is more likely to believe. The insurance company will do the same. If one party appears to be clearly more credible than the other, the attorney representing that party knows he has a stronger case and will push for a better settlement.

Claims with Unclear Liability

Cases where liability cannot be determined are less likely to settle because each party is going to blame the other and expect the other to pay for the damages. When one party is clearly at fault, or perhaps, more likely to be at fault, it is easier for the insurance company to settle.