It may seem like a simple matter to assign fault following an automobile accident. After all, one driver exhibited negligence or recklessness which led to a collision, right? Unfortunately, it is rarely so simple as that. There can be a great deal of confusion regarding the issue of who was at fault and the consequences for the responsible driver are extensive therefore even if one driver is aware they were at fault they may try every way possible to wiggle out of accepting responsibility.
A driver who directly caused an accident may be subject to increasing insurance rates or could even find that their insurance is canceled. How the at-fault driver’s insurance company responds to an admission of responsibility can determine whether the claim will be denied or paid. The deductible, cost of repair for both vehicles and the medical expenses are at stake and can be considerable therefore the insurance company has a significant stake in which driver was at fault.
What Does “At Fault” Mean?
While every state creates its own particular definition of “at-fault,” generally speaking it means just what it says—the person most responsible for being the catalyst which led to the collision is considered to be the liable party. Other classifications regarding fault in auto accidents include “no-fault” and “partial fault,” although these definitions vary considerably across state lines. When it is next to impossible to assign blame to one driver or the other, liability may be assigned to both, however usually the person who performed an act which could be considered irresponsible, illegal, reckless or careless will be the at-fault driver.
Consequences of Admitting Fault
The driver who is found to be negligent could be compelled to be responsible for the medical expenses and damages of the other driver as well as property damages. Aside from the hit taken on auto insurance many states also add points to the at-fault person’s driver’s license which could potentially lead to a suspended license. Clearly there are a wide variety of negative consequences for the at-fault driver which is why drivers should never admit fault following an accident.
In fact, following an accident the only thing you should do is ensure that all those involved in the accident receive prompt medical attention and that basic information including names, addresses and insurance information is properly exchanged. If possible, photographs of the accident should be taken and any pertinent information noted. Admitting fault can potentially damage your entire case. Many times outside factors you were unaware of could exist as well. These factors could have played a significant role in the accident and may contribute to the final determination of which driver was most at fault.
Determining Fault
In order to properly determine who was at fault in the accident it is important to evaluate what each driver was supposed to be doing in the specific situation and which driver did not act in an appropriate manner. This will work in situations where someone was clearly at fault such as when one driver runs a stop sign however more complex accidents will require more extensive assessment. The question of whether each person made a legitimate attempt to avoid the accident will contribute to determination of fault as will the police officer’s assessment of the situation. Should the accident require a ticket be issued to one driver, then the determination of fault will likely become much less complicated. Factors in determining fault can include the speed of both drivers, the weather and road conditions present when the accident occurred, the failure of one party to take note of traffic signals or signs and whether either driver was driving while impaired. Having an experienced personal injury attorney by your side can assist in determination of fault as well as ensuring you receive proper compensation for your auto collision.