How Is Liability Determined in a Car Accident?
Car Accident
When you’re involved in a car accident, several factors go into determining who is liable for the damages.
In general, the party at fault will be held responsible for any damages or injuries that result from the accident.
However, there are a few things that can complicate this determination.
Investigation
Much of the work necessary to decide who was at fault for the accident is conducted at the crash site.
This can be tricky, as there may be multiple elements that contributed to the collision.
The police will investigate the accident and determine who was at fault based on their findings.
This will involve creating diagrams of the crash scenario, documenting damage to the vehicles, taking witness information and statements, and documenting injuries, fatalities, and arrests.
If it is unclear who is responsible, or if both parties share the blame the case may go to court.
Legality
Another factor that can affect liability is whether or not the parties involved were following the law.
For example, if one driver was speeding or ran a red light, they will likely be held more responsible for the accident than the other driver.
In addition to responsibility, a driver who was not following the law for an offense such as drinking and driving will face more serious consequences, including arrest.
A drunk driving accident lawyer is imperative for anyone needing to navigate such a serious and potentially life-changing situation.
Pile Ups
There are also some circumstances where one party may be held partially responsible for an accident even if they were not directly at fault.
For example, if a driver was hit by another car that had been pushed into them by a third party, the driver who was hit may be able to hold the third party liable for their damages.
This is one reason why having good auto and general liability insurance coverage is important.
Understanding the limits provided by your policy will help to limit the risk of losing your personal assets should you find yourself liable for an accident that exceeds the insurance protections you have purchased.
Effects of Liability
If you are deemed liable for a serious accident, long-term effects can include jail time, loss of driving privileges, a criminal record, loss of assets, and even grief.
A car accident lawyer will be able to advise you on the best way to proceed. They can help negotiate a settlement with the other party, or represent you in court if the case goes to trial.
In some cases, it may be possible to have the charges against you reduced or dismissed if there are extenuating circumstances.
No matter what the outcome, being found liable for a car accident can be stressful and life-altering. Understanding how liability is determined and being prepared with the right advocates can help protect you if you are involved in a car accident.
Category: Law
