3 Car Accident Scenarios: Who’s At Fault? Who Pays?

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You were in a car accident. Will you have to cover your damages? It depends on who is at fault. In most states, the liable party pays for the injuries and damages in the accident.

Below are several auto accident scenarios and who may be at fault. Talk to a car accident lawyer today to learn if you have a viable claim.

How Is Fault Determined In A Car Accident?

Proving fault in a car accident is usually critical to receiving compensation for medical bills, lost earnings, and pain and suffering. Generally, the at-fault driver pays the damages of the injured parties.

For example, suppose a car driver ran a red light and hit you in a broadside collision. The driver who ran the red light will pay for your damages and injuries in a fault state. However, in a no-fault state, your insurance may pay your initial damages, regardless of fault. You can sometimes file a claim against the liable driver if your damages exceed a certain amount.

In most states, you must prove that another party violated their duty of care and caused the accident and related injuries. This process involves proving negligence, and your auto accident attorney will prove it by following these steps:

• Another driver owes you a duty of care: For example, a car driver owes you to stop, obey traffic laws, and not injure others.
• A driver violated their duty of care by, for example, not stopping at a red light and rear-ending you.
• You suffered injuries because of the breach violation, such as whiplash, bruises, and face lacerations.
• You have damages related to the injuries, such as $5,000 in medical bills.

A car accident attorney plays a vital role in determining fault in a car accident. They will independently examine the crash to understand who caused it. If they prove that another driver injured you, they will attempt to negotiate a settlement with the at-fault insurance company.

Fault In Common Car Accident Scenarios

Auto accidents occur for many reasons, and faults can lie with various parties, depending on the accident details. Common accident scenarios and who may be liable include:

Rear-End Accidents

A rear-end collision occurs when the rear car hits the vehicle in front. They often occur in stopped traffic on the highway and at red lights and stop signs.

Generally, the rear driver is liable in this collision. The inability to slow down or stop in time shows they were distracted or following too closely.

However, there are instances where the front driver can be at least partially at fault. Their brake lights may have been inoperable, or they brake-checked the rear driver and caused the accident.

Rear-end accident liability can be more complicated when several vehicles are involved. Suppose traffic stops on the interstate, and a distracted driver hits the car in front of them. The car strikes the second car from behind, pushing it forward into the vehicle in front. Several parties may be liable in this rear-end accident, so you should hire a car accident attorney to ensure the correct parties are held responsible.

Head-On Accidents

Head-on accidents are some of the most serious of all traffic collisions. Head-on crashes almost always cause severe injury or death. These accidents usually happen on two-lane roads when a car drifts into oncoming traffic. A head-on accident may occur if a driver goes the wrong way on an interstate entrance or exit.

The liable party is the driver who broke the law and drove into oncoming traffic. For example, on a two-lane highway, the liable driver goes right of center and hits the other car. These accidents often happen because of drunk driving or fatigue.

Your car accident attorney will review the accident evidence to prove who was at fault. Skid marks on the pavement may show who left their lane of traffic. There can be surveillance or dashcam video that shows who caused the crash.

Left-Turn Accidents

In most situations, a driver turning left must yield to oncoming traffic. A left-turn accident occurs because one of the drivers doesn’t yield the right of way as they should. For example, you can drive straight on a two-lane road, and a car turning left doesn’t wait for you to pass, causing a T-bone accident.

The at-fault driver is the one who didn’t have the right of way and failed to yield. Many left-turn accidents happen with motorcycle riders. The car driver may not see the motorcycle and turn left in front of them.

Many left-turn accidents happen because of driver distraction or intoxication. A car accident attorney will review your accident to understand if the driver was distracted or drunk. The attorney can review law enforcement’s breath tests of the driver or subpoena the driver’s cell phone records to check if they were distracted.

Sideswipe Accidents

These accidents usually happen when a driver drifts out of their lane and glances off the car next to them or at an oncoming vehicle. The driver who left their lane of traffic is usually the liable party.

Some sideswipe accidents result in only a minor collision, but one or both drivers can lose control and hit other vehicles in secondary collisions. In this scenario, have a car accident attorney review the evidence to determine fault. The evidence may be conflicting, so skilled legal work is necessary to prove liability to the insurance company or jury.

The Car Driver

One of the car drivers is usually liable for a car accident, but more than one driver can be at fault, too. A car accident attorney will review your accident to determine if more than one driver caused the accident.

For example, several drivers can be responsible for a rear-end, multi-car accident. The involved insurance companies must decide who is liable and to what degree.

Car Owner

Some car accidents involve a driver who doesn’t own the vehicle that caused the accident. If the car owner allows a dangerous driver to use the car, they can be responsible for injuries and damages.

Employer

What if the at-fault driver was working at the time of the accident? The employer can be held partially or fully responsible. For instance, if a truck driver hits you at an intersection, your carrier can be accountable for your losses. Or, a delivery driver working full time can cause your accident, and their company can be liable.

Accidents involving employer liability are complex, so a personal injury attorney should oversee the case.

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Vehicle Or Part Manufacturer

The vehicle or part manufacturer can be responsible for your injuries if a product defect causes the crash. For instance, if the brake pads fail because of a defect in design or manufacture, the company can be responsible for your damages. A product liability attorney should review your case if a product defect is involved in the accident.

Construction Company Or Government Entity

Some serious auto accidents happen in construction zones. The construction company or government agency responsible for designing signs in the construction zone can be accountable for your injuries.

Have a seasoned auto accident attorney review your accident to understand who may be responsible. Once liability is proven, your attorney can send a demand letter to the liable party’s insurance company. Most auto accident claims resolve with a settlement, but you can file a lawsuit in court if the insurance company fails to offer a fair settlement.

Common Car Accident FAQs

Car accidents are stressful and upsetting, and it’s understandable to have plenty of questions about what comes next:

What Should I Do If I Feel Pain A Week After A Car Accident?

You may not feel pain or discomfort initially after a serious car accident. Sometimes, it takes days or weeks to notice anything is wrong. You should go to the doctor or ER immediately if you notice any pain.

It’s critical to get prompt medical care to ensure your health is protected. Also, you need to prove that the car accident caused your injuries. The longer you wait to seek treatment, the more complex the task becomes. Generally, you should see a doctor on the same day as an auto accident.

Can I Make The Liable Party Pay More Than The Available Insurance?

The liable insurance company settles most auto accident claims. Unfortunately, many drivers carry minimal insurance. Obtaining full compensation will be difficult if the liable driver has $25,000 of coverage and you have $100,000 in losses.

The liable driver must have assets and property to make filing a lawsuit worthwhile. A car accident attorney can review your case and decide if making the liable driver pay is feasible.

Do I Need To Speak To The Other Driver’s Insurance Company?

No, and in fact, you shouldn’t. The liable insurance company may contact you the same day or the day after the accident. Their goal is to get you to take a small settlement before retaining a car accident lawyer. Avoid speaking to the other party’s insurance company. Instead, contact a skilled auto accident attorney and have them talk to the insurance adjuster.

How Do I Pay My Medical Bills?

You can have high medical bills after a serious accident, but an insurance settlement can be weeks or months away. There are several options:

• Have your health insurance pay as much of the bills as possible after your deductible and co-pays. You can have your out-of-pocket expenses reimbursed, and your health insurer will seek reimbursement later from the liable insurance company.
• Check if your auto insurance policy covers any of your damages. In a no-fault state, your auto insurance usually pays your initial damages at 80 percent. An attorney can determine whether you can file a claim on the other driver’s policy after using your PIP benefits.
• Talk to a car accident attorney about medical professionals who will work on a contingency basis. The attorney may work with doctors who will treat you today and seek payment from your settlement when the case concludes.

Any time you have questions about getting medical care, call your auto accident attorney. They will lay out your options. After all, getting proper medical care is essential to your health and recovery.

When Should I Get A Car Accident Lawyer?

Do you think that another party caused your auto accident? Then, you should speak to a car accident attorney to learn if you have a case. A car accident attorney will ensure you receive more money in your case. Also, you should always retain a car accident attorney when:

• You have severe injuries: Did you suffer an amputation, complex bone fractures, spine injury, or brain injury? These are potentially catastrophic injuries that can cause permanent disability and extensive financial damages.
• The fault is unclear: It’s common for all parties to point fingers in a car accident. Consult an attorney if the fault is in question after your accident. Determining who was at fault is vital to ensure you receive just compensation.
• The other driver doesn’t have insurance: Getting compensated is more complicated if the liable driver lacks auto insurance.
• You have a permanent disability: If the accident permanently disables you, it’s critical to have a car accident attorney represent you. You can need millions in compensation; an attorney will maximize your settlement.

You can always talk to a car accident attorney for free, so talk to a lawyer if you have any questions about your case’s viability.

Speak To A Car Accident Lawyer Today

A car accident attorney is a must if another driver seriously injures you. The insurance company will attempt to pay less than you deserve, but a skilled personal injury attorney won’t allow it. Talk to a car accident lawyer in your area today to learn if you have a case.

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