How Is Liability Determined in a Car Accident?

Most drivers have or will eventually be involved in an accident, although most accidents are simply minor fender benders. Regardless of severity, car accidents can be complicated, and even minor incidents can quickly spiral into chaos if the people involved in them have conflicting versions of events.

Liability, which effectively boils down to legal responsibility, is one of the central issues to sort out. In other words, we need to find some way to determine who is at fault for any given car accident. That way, we can figure out who’s responsible for paying for what.

But how exactly is liability determined in a car accident?

The Complex Nature of Liability

Liability is an incredibly complicated matter, and for several reasons. First and most intuitively, most car accidents occur because of a complicated intersection of different variables. There are some car accidents that are relatively simple; for example, if a car speeds through a stop sign without stopping and hits a parked car, there’s no real question as to who is liable. But what if two drivers, both speeding and texting while driving, collide with each other? How do we determine which one is more at fault than the other? Do we split liability down the middle?

Additionally, liability is complicated by the fact that it’s handled differently in different states. Some states allow fault to be determined as a percentage, while others require a finding that one or more parties is fully responsible.

That’s one reason why it’s so important to hire a personal injury attorney if you’re involved in a car accident. Your personal injury attorney will help you understand the liability rules in your state, they’ll help you gather evidence related to what happened before, during, and after the car accident, and they’ll support you in your journey to win compensation. Make sure to follow their advice as closely as possible if you want the best possible results.

The Official Police Report (and Other Evidence)

In most situations, the police report is going to serve as the official record of events. It’s going to capture and preserve the most important pieces of information related to the crash, including witness reports, documentation of the scene of the accident, and more. This is one reason why it’s so important to file a police report after any car accident, even a minor one; if the story changes, or if new evidence emerges, the official police report will still serve as a solid piece to anchor the story.

It’s also a good idea to gather any and all evidence you can after a car accident, so you can more effectively prove your side of the story. That includes dash cam footage, photos and videos of the aftermath, recorded testimony, and even your own personal notes. Your lawyer can help you find even more information in your favor.

Litigation Proceedings

Liability will likely be determined long before the case goes to trial. In many cases, one party (or their insurance company) will review the evidence, admit liability, and start negotiating for a settlement. If this doesn’t happen, both parties will likely continue building evidence until they can reach an agreement. And if they still can’t reach an agreement at that point, the case will go to trial, where a judge or jury will determine liability.

Factors Considered

These are just some of the factors considered when determining liability in a car accident:

· The sequence of events. What happened first? What happened next? What was the proximate cause of the car accident? Not every action matters in this chain of events.

· Adherence to the law. Anyone who violates a law or regulation is instantly more likely to be liable for the accident. For example, passing in a no-passing zone or speeding may increase your chances of being found liable for the accident.

· Speed. You’re more likely to be liable if you’re traveling at excessive speeds.

· Following distance. The same is true if you’re following too closely.

· Intoxication. As you might imagine, intoxicated drivers are almost immediately found liable.

· Distraction. Distracted driving is extremely dangerous – and more so than many people estimate. Unreasonable distractions can render you liable for the entire accident.

· Vehicle condition. Drivers are responsible for keeping their vehicles in reasonable condition. If your vehicle is unsafe, and you should have known that, the judgment may go against you.

· Reasonableness of actions. Most cases are judged through the lens of “reasonableness;” in other words, what would a “reasonable” person do in this situation?

· Mitigating circumstances. Mitigating circumstances may also be considered in this calculation.

Car accident liability is a complicated issue, and even a comprehensive list of factors wouldn’t make it any easier. If you’re ever involved in a car accident, avoid admitting liability, file an official police report, and speak with a lawyer as soon as you can.