How To Determine Who Is At Fault In A Car Accident?
When it comes to car accidents, you’ll hear the word “fault” being thrown around a lot. The other driver might start assigning fault to you, and your insurance provider will likewise start trying to see who might have been at fault. What are the legal implications of being at fault in a car accident? How can you determine who was at fault in one? We discuss these questions here.
What You Should Know About Fault
Briefly, here’s what you should know about fault in car accidents:
- Typically, your insurance will cover the losses of anyone who was harmed in the accident.
- It is the insurance adjuster who will first decide who was at fault. Later on, and if a lawsuit is filed by either party, a judge or jury will decide.
- The rules of your state and your insurance policy details will determine what exactly insurance will cover.
- If you did – or failed to do – something that caused the accident, it is likely that you are the one at fault.
- After an accident, your car insurance premium could rise as much as 41% if you were found to be at fault.
What Fault Means
But what exactly does fault mean, and how is it decided who is at fault? When it comes to car-accident related insurance claims or personal injury lawsuits, the driver who is determined to be at fault will also be the driver who was negligent. The driving question behind who is at fault will be: Who failed to either do something or not do something to cause the accident? Some examples of this negligence could include:
- Rear-ending the other car
- Speeding
- Failure to maintain your car’s equipment
- Driving under the influence
- Violating a pedestrian’s right of way
- Texting while driving
The Importance of Determining Fault
Most states will stipulate that the driver at fault, or their insurance provider, will have to pay for the loss of the other driver, passengers, or anyone else harmed in the accident. Losses could include:
- Repairs
- Medical bills
- Pain and suffering
- Lost income
In certain cases, there might be more than one driver at fault. If negligence is established on the part of both drivers, for instance, it might constitute a situation where blame is shared. Proving fault will typically start at the scene of the accident itself. Proving or disputing fault will include evidence such as:
- Witness statements
- Police reports
- Location of vehicle damage
- Photographs
- Traffic tickets
What Happens if You Are Found to Be At Fault?
If you are found at fault for a car accident, your insurance rates will almost definitely rise when the time comes for you to renew your policy. Your rates will also be informed by how serious the accident was, as well as how much your insurance paid. These rates would likely last between 3 to 5 years.
If you believe that you might be at fault for an accident, you will want to speak to a California auto accident lawyer. A car accident lawyer can help you with your case in numerous ways, such as either reaching a settlement or defending you in court.