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You have probably seen the aftermath of dozens of car accidents on the side of the road, but if you’ve never experienced one yourself, you likely don’t know what happens next. One of the first things that comes after is assessing liability, which tells all of the parties involved how to handle their post-collision legal proceedings. Below, we explain how you can do so by determining fault in an accident.
Types of Negligence Laws
Three basic systems govern liability. The one that will apply to your case depends on the state you live in.
- Comparative – This legal framework applies a proportion of fault to both parties in an accident. In general, either side can bring a lawsuit against the other, though the less liable party almost always does so.
- Modified Comparative – This system is similar to the first, but usually limits the more liable driver from pursuing compensation.
- Contributory – Lastly, we have a somewhat rigid system of contributory negligence. If you live in a state that uses it, you will not be able to pursue benefits if you claim any fault in the accident.
No matter what, if your accident is 100%, not your fault, you will have an excellent shot at obtaining benefits. If not, you will need to thoroughly examine your case with the help of a legal professional.
Admitting Fault
Assessing liability is incredibly easy when one party admits fault. At this point, you can move on with the next stages of the case, as responsibility is already determined. The one situation that complicates this matter is when someone admits fault when they actually did not do anything wrong. Though this strange condition might seem uncommon, it is quite prevalent in car accident cases. People frequently get flooded with emotion after a collision and start apologizing despite not being negligent in any way.
Reckless Driving
Any type of reckless driving can be seen as negligent behavior. The most common examples are speeding, aggressive lane changes, and running through intersections. In all of those situations, the driver is being unsafe and not following the law. Those two factors combined make for a straightforward liability assessment. Where it gets complicated is when one party lies about the conditions surrounding the accident. Still, physical evidence often proves what really happened.
Intent to Harm
High up on the list of behaviors that lead to liability is intent to harm. In these situations, one driver goes above and beyond the regular actions of even the most reckless drivers. Instead of making a mistake, they actively try to hit your car, or at least accidentally do so while trying to scare you. These situations are caused by road rage, which is a significant factor in many auto collisions. As you can probably guess, any person that intends to harm another will be found liable.
Distraction
The two most common forms of distraction are driving drunk and texting while behind the wheel. Both show a lack of regard for the safety of others and a serious issue with responsibility. These actions are so unsafe that they almost always shift liability to the party that commits them.
Simple Mistakes
Sometimes, no party involved acts in a way that is negligent. Instead, one person makes a simple mistake and ends up colliding with another. An example of this situation is a driver not seeing a car coming and accidentally turning into it. Despite a lack of negligence or malicious intent, the driver that made the mistake will still be found at fault.
Third Party Liability
Lastly, we have third party liability, which applies to road accident laws in which the people that are directly involved are not to blame. A couple of examples include collisions caused by a truck that drops debris on the road or a vehicle that malfunctions at the wrong time.
We hope that you now have a basic idea of how to assess liability after a car accident. Still, you will need to talk to a lawyer if you want to get the best information on how to proceed with your case. Once you do, you will be one step closer to getting the compensation you deserve.
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This content is sponsored by Ben Obirek.
Photo: Shutterstock
