If you’ve ever been involved in a car accident, you know how traumatizing the whole event can be. Even if everyone walks away uninjured, there still remains the aftermath.
Settling up with the insurance companies, getting damages repaired, and regaining your confidence to get back on the road can take time. Additionally, these things are all affected by the determination of car accident fault.
Not sure how to evaluate who is at fault? We’re here to help. Keep reading for a quick guide.
Distracted Driving
If a driver is distracted in any way that causes an accident, it’s likely that the car accident fault will be on their shoulders. When we allow ourselves to be distracted from the road, it only takes one second to make a mistake. Common distractions include:
- Smartphones (texting, social media, emails, phone calls, etc.)
- Loud or attention diverting passengers (kids, friends, pets, spouses)
- Changing the music
- Eating/drinking
- Putting on makeup
- Staring at something on the side of the road
The best way to avoid car accidents is to stay alert and vigilant while driving.
Negligence
Sometimes, getting in a car accident results from an innocent, yet costly mistake. For example, if you forget to check your blind spot while merging onto the freeway. You may also rear-end someone because you were following too closely.
These car accident fault scenarios are a result of negligence. You may not purposely be doing something dangerous, yet the car accident would still be a result of your actions. The best way to avoid this is by driving defensively.
Broken Laws
Obviously, if someone is breaking the law and that action causes an accident, it’s an at-fault accident. This can include everything from speeding, running a red light, driving under the influence, or failing to yield at an intersection.
The laws of the road are in place to keep people safe. When we neglect those laws, we put ourselves, and every other driver on the road at risk.
Car Accident Fault According to the Police Report
After a car accident, it’s likely that a police officer will come to assess the damage and file a report. In some cases, however, like minor fender-benders, police are rarely called.
If the accident warrants a police officer, they’ll investigate the scene of the accident, ask questions of both drivers, and interrogate any witnesses. Then, they will determine the car accident fault.
Insurance Companies
Finally, if you’re wondering “How is fault determined?” it may come down to the insurance companies. Like any business, insurance companies exist to make money.
When they have to pay out for a car accident, they want to make sure it wasn’t your fault. Depending on car accident fault and the circumstances, they may not have to pay out as much money (or any money). For example, if you were drinking and driving and got into an accident, your policy may be void.
If you feel like your insurance company or the insurance company of the other driver is unjustly depriving you of compensation, seek legal counsel. A car accident attorney can provide help after a car accident to make sure you get the restitution you deserve.
Looking for More Information?
We hope you understand a little bit more about how car accident fault is determined. Remember to stay safe out there and do your part to avoid collisions.
And if you’re looking for more great content, browse through some of our other articles before you go. Our blog covers everything from car accidents to business marketing strategies.
