Auto accidents happen in the blink of an eye, and the outcome may leave drivers questioning their legal responsibilities. Understanding liability in auto accidents is essential in order to make everyone involved aware of their rights and responsibilities. Liability determines who is responsible for damages, medical bills, and other consequences after a wreck. Knowing how liability works will avoid costly mistakes and smooth out the legal process. The following are five important things to know about liability in car accidents.
Liability Isn’t Always Black-and-White
Sometimes it is obvious who was at fault when there is an accident. At other times, liability is not so obvious. When both drivers are at fault, states use comparative or contributory negligence laws. Under comparative negligence, a percentage of fault for each driver is determined, and damages are awarded accordingly. For example, if a driver is 60% at fault and the other 40%, damages are awarded based on those percentages. Contributory negligence statutes, however, deny anyone who is even partially at fault the recovery of damages. This tends to complicate insurance claims and legal actions. Where there is a joint fault, legal arguments can arise, and this also serves to complicate the process of having claims settled quickly.
Insurance and How It Figures in Liability
Insurance also plays a crucial role in liability determination in accidents. In many cases, the insurance providers investigate the accident to establish blame. The at-fault policyholder can be requested to pay an extra charge, and the other party is compensated for loss by their insurer. In some cases, when the responsible party is uninsured or underinsured, the victim can file a claim under their insurance policy if they have the right coverage. Understanding what is covered and the amount in your policy will spare you unexpected financial expenses. Victims can struggle to afford medical bills, car repairs, and other out-of-pocket costs without sufficient coverage.
Police Reports and How They Impact Liability
After an accident, a police officer will typically arrive at the scene to report and make a report. A detailed California Highway Patrol accident report, or similar reports in other states, provides critical information about the crash, including driver statements, roadway conditions, and potential traffic law offenses. Insurance companies and courts often rely on these reports when assessing fault. The information outlined in the report can determine fault, especially when there are conflicting accounts of the collision. An accuracy check of the report is important since any errors can influence the final determination of fault.
Drunk Driving and Strict Liability
If a motorist causes an accident when drunk or on drugs, they are typically strictly liable for damages. This means that their actions led to the accident directly, and they are solely liable for the consequences. In these cases, there may not be a need to look for fault or negligence, as drunk driving is illegal in the majority of jurisdictions. The strict liability law generally calls for harsher sanctions, including criminal prosecution, in addition to civil obligations for damages, medical bills, and other expenditures.
Legal Solutions to Outstanding Liability Issues
If you are injured in an accident and the insurer of the offending party refuses to pay for your damages, filing a lawsuit could be necessary. A personal injury lawsuit can be filed against the offending party for recovering for your injuries, loss of wages, pain and suffering, and expenses. The litigation process can be long since it might require proving the fault or misconduct of the other party. In those instances, the assistance of an experienced lawyer may help you navigate through the legal process and protect your rights.
Conclusion
Liability in automobile accidents is crucial to comprehend in order to protect yourself and gain fair compensation for loss. Whether evident fault, insurance claims, or litigation, a realization of your rights and your duties facilitates a smoother process. From police reports to familiarity with insurance coverage, each plays a part in who is responsible and how the loss will be settled. Awareness and preparation for liability can reduce stress in what already is a trying circumstance.
