Determining the Responsible Party for a Car Accident
Over the course of a lifetime, one person could be in upwards of four car crashes. Car accidents are intimidating, scary, and sometimes fatal occurrences. Even if you are a safe driver and believe your chances of being in a crash are low, it is important to understand the laws within your state regarding car accidents. A personal injury attorney, like a personal injury attorney in Austin, TX, can help you interpret the laws and see if you are entitled to any compensation for injuries sustained in an accident.
Who Was at Fault?
The biggest question after a car crash is trying to figure out who was at fault. When car accidents occur, typically the person who caused it will carry the burden for the physical and financial damages. This is the generalized idea behind car accidents, but in reality the laws concerning them can change frequently from state to state. Most states have an “at fault” policy which means that whoever is deemed responsible will pay everything through their insurance, which can include an expensive premium. On the other hand, a small amount of states have a “no fault” policy which involves each party turning to their own insurance. Although fault is the biggest determinant of who will carry the blame, agreeing on what exactly occurred is not straightforward.
Gathering Proof
Proving whose fault it was is never as easy as it seems. In some cases pedestrians who witnessed the crash can clearly tell who ran the light or was distracted on their phone. In order to prove it was the other driver’s fault, an individual must prove several things. First, they must prove that a law was broken or the “at fault” driver was being unsafe. The duty of a driver on the road is to operate the car and stay vigilant in order to stray away from accidents. The person who suffered the injuries must prove the other driver was negligent in upholding the care of safe driving on the road.
Second, the accident must have occurred due to the negligence of the “at fault” driver. In special cases both parties involved may share the blame for the accident. When this occurs it can be difficult for either party to receive compensation due to their contribution to the accident. States can have a pure comparative fault policy, modified comparative fault policy, or a contributory negligence policy. These different policies vary from allowing plaintiffs to receive some compensation, like with the modified comparative fault policy, while others with the contributory negligence policy may ban anyone who shares blame from receiving compensation.
The law is complex when it comes to car accidents. Think about yourself as a driver — do you ever look at your phone or get distracted by something and put others at risk? Risky driving on the road is the core of what causes car accidents and makes driving dangerous.
Thanks to Brandy Austin Law Firm, PLLC for their insight into who is at fault in a car accident.