Following an accident, you should prioritize safety, contacting law enforcement and legal counsel, and informing your insurance company.
Car accidents are one of the most common incidents that require legal assistance. They bring a lot of problems especially related to the concept of liability.
Understanding car accident liability will allow for easier resolutions and potentially lower out of pocket costs.
1. What Is Liability?
Liability is defined as something that is owed by a person or company. In terms of a car accident it means who is responsible for the accident. This is because whoever is liable generally will have to pay for damages or injuries that have occurred. This will determine things like which insurance company is used if the liable party has insurance and who is legally charged with the incident.
This makes determining who has liability in the incident extremely important for both the justice system and insurance companies.
2. What Was the Cause of the Accident?
There are a number of factors that go into how car accidents occur. Distracted driving is one of the leading causes of accidents claiming thousands of lives per year in addition to any costs related to injuries or vehicle damage.
Many states now have distracted driving laws that restrict cell phone usage while driving because of how much cell phones have impacted road safety.
Other factors include not following the right of way, reckless driving, speeding, and impaired driving.
Some factors like vehicular malfunctions are not as common and are less in control of the driver of the vehicle. Despite being outside of their control, mechanical failures can still cause liability to be attributed to the driver – especially if the driver could have or should have been aware of the potential mechanical failure.
In short, questions like these are used to determine the cause of an auto accident:
- Was some sort of stimulant involved? (Alcohol, legal or illegal drugs)
- Were there any traffic violations involved?
- How well maintained were the vehicles?
- Was a cell phone in use while driving?
- What were the road conditions like?
3. Who Is Responsible?
Once an accident has occurred it is time to determine who is liable. Most often, this can be easily determined by the circumstances of the accident.
Generally speaking, any rear-end accidents are the fault of the individual who ran into the rear of the other vehicle. This is because it should have been easy to see that the other vehicle was either not moving or not moving fast enough allowing for the driver to slow or brake to avoid the accident.
Another factor that determines who is liable is whether one car was turning left. Since right of way dictates that drivers turning left must yield to oncoming traffic, most situations will have whoever was turning left liable for the accident.
If one of the individuals was driving while impaired or distracted, liability will be assigned to them – especially if the impairment is related to other offenses such as failure to yield, not signaling a lane change, or other reckless driving.
If the situation is less clear cut, an investigation might have to occur in order to determine who was at fault. This would require pictures of the scene, information from both drivers, and any other evidence that can be submitted to both law enforcement and the insurance companies.
Most often, responsibility for an auto accident will be placed upon:
- Whoever rear ended the other.
- Whoever was violating the right of way.
- Whoever was driving impaired or while distracted.
4. What Should You Do After An Accident?
There are a number of things that should be done immediately after an accident. Once everyone is checked for superficial injuries, the police should be contacted to report the incident.
After that has been accomplished, an auto accident attorney should be the next call. This is to get ahead of any issues that may arise from dealing with law enforcement, the other individuals involved, or the insurance companies.
Having legal counsel that is experienced with the specific type of laws being dealt with is much better than using a general practitioner. This ensures the best results and a more efficient use of legal fees.
In summary, follow this checklist immediately following an auto accident:
- Check for injuries.
- Contact law enforcement.
- Contact an auto accident lawyer.
- Contact the insurance company.
5. How Do You Resolve Any Issues?
Some accidents are not clear cut. This can lead to long, drawn out proceedings. While one side might be focusing on vehicle collision repair, the other will be focusing on injuries and medical fees.
When a situation like this occurs and liability is in question, a lawyer should be consulted to determine whether or not mediation is a better alternative than litigation to resolve the situation. If mediation is not viable then the case will be taken to court for litigation, which can cause the situation to not be resolved quickly since court proceedings take time.
Depending on whether or not injuries present themselves a few weeks after the incident or new information that would shift liability comes to light, most accidents will not need mediation since one side is clearly in the wrong.
Selecting the right counsel for the situation will help mitigate potential legal pitfalls and keep things on track for more timely resolution.
Key Takeaways: Navigating Car Accident Liability
Navigating through the complexities of car accidents requires a clear understanding of liability; that is, who is responsible for damages and injuries. Determining the cause of the accident – whether due to driver negligence like distracted or impaired driving, right-of-way violations, or even less common factors like vehicle malfunction – is essential in assigning responsibility.
Following an accident, you should prioritize safety, contacting law enforcement and legal counsel, and informing your insurance company. Although most accidents have a clear liable party, a case of disputed liability might require mediation or, ultimately, litigation to reach a resolution – underscoring the importance of experienced legal representation throughout the process.
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