Car Accidents In At Fault States: Key Considerations

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Car Accidents In At Fault States: Key Considerations

10 November 2018
 Categories: , Blog


In most states, individuals injured in a car accident will receive compensation from the insurance company of the driver responsible for the accident. These states are known as "at fault" states. Deciding who is at fault for a particular accident can be tricky, however. The following article looks at this issue in more detail.

Statements

One of the most obvious ways of determining who was at fault is if a driver makes a statement accepting responsibility. If you are in an accident and the other driver admits fault, try to record the statement if possible or at least write down exactly what they said. You should, of course, never admit fault yourself if you are in an accident. This includes making statements accepting responsibility to either the other driver, any witnesses or the police.

Police  

When a serious accident happens, or sometimes even if a minor accident occurs, police will arrive on the scene and make a report of what happened. This report can be very helpful to you if the police place most or all of responsibility for the accident on the other driver. In some cases though, they may simply file a report detailing what happened without assigning responsibility to a driver. In any case, make sure that you obtain a copy of the police report so that you know exactly what it says.

Also, make certain to determine whether the police issue any tickets for violations as they investigate the accident. If they issue a citation to the other driver, this could prove who was fault.

Type of Accident

In two instances, the type of accident itself is a huge factor in determining which driver is at fault. For example, when the accident involves someone making a left-hand turn, the law will generally consider the person making the left-hand turn to be at fault. It is the responsibility of that driver to make sure everything is clear before starting the turn. A few exceptions to this rule exist, however, such as someone speeding through an intersection, or running a stop sign or red light.

Also, if someone hits you from behind, they would typically be considered responsible for the crash. It is every driver's responsibility to allow for enough space between their vehicle and other vehicles to stop safely when necessary.

If you suffer a personal injury in an accident where someone else is at fault, consult experienced personal injury lawyers as soon as possible.