Navigating the aftermath of a car accident can be confusing. It gets stressful when it comes to determining who is truly at fault. A 2023 study conducted by the USA DOT revealed that car crashes cost the nation a startling $340 bn annually.
Common myths about car accident liability frequently muddy the waters, resulting in misconceptions that can influence your actions and choices. Let us debunk some common myths so you are better prepared if you ever find yourself in such a situation.
Myth 1: The Driver Rear-Ending is Always at Fault
It is widely assumed that if you rear-end someone, you are automatically to blame. While rear-end collisions frequently indicate that the rear driver was distracted, this is not always the case. The Zebra reports that rear-end collisions account for approximately 29% of all car crashes in the US. However, the circumstances of the collision can significantly influence the determination of fault.
For example, if the front driver came to a sudden and unnecessary stop, they may be held liable. This is also legally true if their brake lights fail. Legal precedents, such as the sudden emergency doctrine, can absolve or reduce the liability of the rear driver. This is possible if they can demonstrate that the front driver’s actions caused an unavoidable emergency.
Myth 2: You Cannot Be Held Liable if You Did Not Receive a Ticket.
Many people believe that if they did not receive a ticket following an accident, they cannot be held liable. However, liability in civil court differs from criminal citations. A driver receiving has minimal impact on their liability in civil court. Decisions, in that criteria, are based on the preponderance of evidence standard.
Liability in civil cases is determined by reviewing the facts. It also considers evidence presented, such as witness statements, accident reports, and any available video footage. The absence of a ticket does not exempt a driver from being held liable for the accident.
Myth 3: Liability is Always 50/50 in a No-Fault State
In no-fault states, personal injury protection (PIP) insurance covers injuries regardless of fault. However, this does not mean that liability for damages such as vehicle repair is automatically split 50/50. The no-fault laws apply to injury claims, not vehicle damage.
Comparative negligence laws allow for the proportional assignment of fault based on the facts of the accident. Determining fault is crucial for property damage claims, and insurance companies look into the incident to allocate fault fairly.
Myth 4: You Cannot Hold Passengers Responsible
There is a false belief that in auto accidents, passengers are never at fault. However, a passenger may be held accountable if their actions directly cause the accident.
According to court cases, passengers who distract drivers or interfere with their operations are held partially accountable for the accident. For instance, a passenger may be responsible for the damages if they grab the steering wheel. Such interruptions from passengers can make drivers lose control, crashing the car.
Myth 5: Fault Can Only Be Determined by Physical Contact
Some people think that physical contact between vehicles is a requirement for determining fault. Liability, however, may also result from activities that cause an uninvolved driver to collide.
For example, a driver may swerve to avoid an irresponsible driver and cause a collision. In such cases, the reckless driver may still face legal consequences. A similar case happened in Little Rock on March 12, 2024, around 9:51 PM. Ferrari Scroggins, 38, when driving westbound on Interstate 630, veered off and crashed.
In these scenarios, a local Little Rock car accident lawyer would assert that courts assess the non-contact driver’s behavior. They investigate whether the driver acted carelessly or recklessly by examining the events preceding the collision.
Myth 6: If the Other Driver Apologizes, They’re Admitting Fault
Although an apology following an accident is frequently interpreted as an admission of guilt, this is not required by law. Rather than being an admission of fault, apologies are typically expressions of regret. Apologies are common social behaviors, according to several studies, and should not be interpreted as formal admissions of fault.
Fault is decided legally by the case’s facts and evidence, not by statements made on the scene. When determining liability, courts and insurance companies look primarily at objective evidence.
Myth 7: You Don’t Need a Lawyer for Clear-Cut Cases
Many people think that simple cases do not need legal counsel, but even cases that seem straightforward can get complicated. According to the Keith Law Group, a lawyer can guide you through unexpected issues like uncooperative insurance companies. This way, they can protect your interests. Attorneys can help with evidence collection and presentation, insurance company negotiations, and, if needed, court representation.
FAQS
What does it mean to not be held responsible for the accident?
When you are not held responsible for an accident, it means you are legally absolved. You are released from any liability regarding any injuries or damages that resulted from the accident. This occurs through legal mechanisms like holding indemnity clauses and harmless agreements and the release of liability forms (Waivers).
What does the fault-based liability concept mean?
Legally, fault-based liability involves establishing that an individual or entity is legally responsible for damage due to intentional actions. The act of negligence is also considered. Such liability is contrasted with strict liability. In fault-based systems, the plaintiff must demonstrate that the defendant’s actions were directly responsible for the harm caused. This attributes a sense of blameworthiness to the liable party.
How is insurance handled when the accident is not your fault?
You should report the accident to your insurance company even if you are not at fault. The action establishes a good-faith reporting effort. Moreover, the approach is beneficial if the other party’s insurer denies liability or if their insurance is invalid during the incident.
Knowing the facts about liability in auto accidents can help you be more informed. You can be prepared prior if you are involved in such accidents. Understand that every accident is different and that a number of factors can affect who is at fault.
