It’s a well-known statistic that most drivers can expect to get into a crash of some severity at some point in their life, even if it’s just a minor fender-bender. While dealing with the aftermath of a collision can be nerve-wracking, it’s important to understand how liability and insurance coverage work in the aftermath of a wreck. Liability for a motor vehicle collision is assessed based on negligence and state laws.
In this article, we discuss some of the key factors that determine how and why a driver could be held liable for causing a collision. For assistance with a specific legal situation, a Houston personal injury lawyer may be able to help you.
Key Factors That Determine Liability
Several key factors are considered when determining liability after a car crash. The first element of a motor vehicle claim is negligence, which refers to a driver’s failure to exercise reasonable care while behind the wheel.
When you’re driving, you’re expected to operate your vehicle safely and obey traffic laws. Committing a traffic violation, such as excessive speeding, running a red light, or driving distracted may fall short of this standard.
Video evidence, such as a dashcam recording or surveillance footage, and eyewitness accounts may play a role in proving who was liable for a collision.
Different Types of Fault Systems in the U.S.
Different states in the U.S. operate on a number of fault systems that impact how liability is determined after a crash.
At-fault states require the driver responsible for the accident to pay for damages. In a no-fault state, each driver involved in the wreck must file an insurance claim with their own company, regardless of who was liable for the wreck.
States with comparative negligence use a system where fault is shared between the involved parties, and compensation will be determined according to each party’s degree of fault.
A handful of states use contributory negligence, which means that a driver may not recover damages if they share any fault for the collision.
Situations Where You May or May Not Be Liable
Certain accident scenarios typically assign liability to specific parties. For example, if you are involved in a rear-end crash, the rear driver is almost always going to be liable for the wreck. When a left-turn collision occurs, the driver making the turn is generally liable for the collision, unless the other motorist was speeding or ran a red light.
Multiple drivers may share responsibility for a pile-up, and these situations tend to be fairly complex. Right-of-way typically plays a critical role in parking lot accidents, when it comes to determining who failed to yield or exercise caution when backing out of a parking space.
What to Do If You Are Accused of Liability
If you are accused of causing or contributing to a car crash, you need to gather evidence to protect yourself. Vital evidence that can support your case includes photos of the accident scene, witness statements, and police reports.
You will need to speak to an insurance adjuster after the accident. Be sure to be cautious during your conversations with the insurance company’s representatives. Never admit fault for the collision and share only the facts of the situation.
In complex cases, such as collisions resulting in injuries or substantial property damage, consulting with a lawyer may be wise.
Protecting Yourself After a Car Accident
To best protect yourself legally after being involved in a motor vehicle collision, know your rights and understand how liability laws work in your state.
Practicing safe driving habits can help prevent crashes and subsequent legal complications. We hope this article helps you and your loved ones stay safe behind the wheel.
