Car accidents happen every day. After making sure everyone in the car is alright, the next question to ask is “Who’s at fault?” When it comes to car accidents, the answer to this is critical. It is something that the police and the insurance company wants to know. It is also something that plays an important role in a personal injury case.
When determining fault, there are a few things to consider.
Did Either Driver Violate Traffic Laws?
If a driver violated a traffic law, many jurisdictions will hold that person responsible for the accident. Some violations are obvious. A person ran a red light. Someone was speeding and lost control. A driver was behind the wheel while driving drunk or under the influence of drugs. These are all obvious violations of traffic law.
Was The Accident Due To A Rear-end Collision Or A Left-hand Turn?
Almost all rear-end collisions happen because the rear car is traveling too close to the front car or because the driver of the rear car was not paying attention. Anyone making a left-hand turn must always defer to oncoming traffic, unless there is a green left-turn signal. In either case, the offending driver is almost always held at fault.
Did Either Driver Make An Admission Of Guilt?
Sometimes, a driver will make a statement like “I didn’t see you.” Sometimes, they will state “It was my fault.” Insurance companies and police officers usually take these statements as an admission of guilt. They will assign that person the fault for the accident.
Was There A Third-party Witness To The Collision?
Some drivers will not admit they played any part in how the accident happened. A third-party witness – someone not involved with the accident – can often give testimony that shows who is at fault.
Was Either Driver Negligent In The Moments Leading Up To The Accident?
Negligence happens when someone breaches a duty and, from that breach, causes damages. Sometimes, the breach is an obvious violation of traffic law. Sometimes it is not. A good example is someone driving while talking on a cellphone. There are no statewide laws in Texas that prohibit the use of a wireless device while behind the wheel. The driver, however, has a duty to keep other drivers safe by driving in a safe manner and being alert behind the wheel. By driving distracted, the driver breached that duty and may be held liable.
If you have been in a car accident and need legal help, give us a call at Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas.