Liability and Fault Determination: Who Is to Blame for Your Car Accident?

When someone else’s negligence causes you harm, injuries, or other damages, you may be legally entitled to compensation. This process, however, requires that you prove liability, fault, and damages caused by their negligence.

Below you can discover how liability and fault can be determined for personal injury claims. Regardless of your unique case, it is always recommended to work with an experienced lawyer to maximize your chances of recovering the compensation you need and deserve.

To learn more about your case and your legal options, contact Morgan & Morgan today for a free case evaluation.

Determining Fault in Car Accidents

Car accidents can occur in countless ways, but some scenarios are more common than others. Understanding how fault is typically assigned in these situations is critical for determining liability.

Who Is at Fault for Side Collisions?

Side-impact collisions, also known as T-bone accidents, often occur at intersections. Fault determination in these cases usually revolves around which driver violated the right-of-way. For example, if Driver A ran a red light and struck Driver B, Driver A would likely be deemed at fault. Traffic cameras, witness statements, and skid mark analysis often help establish fault.

Who Is at Fault for Rear-End Collisions?

In most rear-end collisions, the driver in the rear is presumed at fault because they are expected to maintain a safe following distance. However, exceptions exist, such as if the leading driver made an abrupt stop without functioning brake lights.

Who Is at Fault for Left-Turn Accidents?

When a vehicle making a left turn is involved in an accident, the turning driver is often held responsible for failing to yield to oncoming traffic. However, if the oncoming driver was speeding or ran a red light, they could share or bear full fault.

How Traffic Laws and Right-of-Way Impact Fault Determination

Traffic laws play a pivotal role in fault assignment. Right-of-way rules, speed limits, and lane usage regulations provide a framework for determining liability. Violations of these laws are strong indicators of fault. For instance, failing to yield at a yield sign or entering an intersection against a red light are clear breaches that can lead to fault determination.

Liability on Private Property

Car accidents on private property, such as parking lots or driveways, often involve different considerations compared to public roadways. Since private properties lack standardized traffic controls, determining fault can be complex.

Who Is Liable for Parking Lot Accidents?

In parking lots, accidents frequently involve vehicles backing out of spaces or collisions at intersections within the lot. Drivers exiting a parking space must yield to oncoming traffic, making them more likely to be at fault in backing accidents. In intersection collisions, shared fault is common due to unclear right-of-way rules.

Who Is Liable for Driveway Incidents?

Accidents occurring in residential driveways may involve disputes over whether the property owner or driver is liable. For example, if a driver hits a parked car due to inadequate lighting, the property owner’s negligence could partially contribute to the accident.

Legal Differences Between Public and Private Road Accidents

On private property, property owners may share liability if unsafe conditions, such as poor signage or inadequate lighting, contributed to the accident. This differs from public road accidents, where liability is almost entirely focused on driver behavior.

Fault and Liability When Multiple Parties Are Involved

In accidents involving shared fault, the compensation awarded is influenced by state-specific negligence laws.

Comparative Negligence: Under comparative negligence, each party’s degree of fault is assessed as a percentage. For instance, if Driver A is 40% at fault and Driver B is 60% at fault, Driver A can still recover 60% of the total damages.

Contributory Negligence: In contributory negligence states, any degree of fault, even 1%, can bar a party from recovering damages. These stringent rules emphasize the importance of minimizing fault.

The Role of Comparative and Contributory Negligence

Understanding whether a state follows comparative or contributory negligence laws is very important for your personal injury claim. States like California use “pure comparative negligence,” allowing recovery regardless of fault percentage, whereas Alabama’s “contributory negligence” bars recovery if the claimant shares any blame.

Unique Situations That Affect Fault and Liability

Medical Emergencies

Accidents caused by a driver experiencing a sudden medical emergency, such as a heart attack, are often deemed “unavoidable.” If the driver can prove they had no prior warning of the condition, they may avoid liability. However, failing to disclose known medical risks could lead to full liability.

Lack of Turn Signal Use

Failing to use a turn signal can result in shared fault, especially if another driver had no indication of the turning vehicle’s intentions. This oversight can lead to disputes over right-of-way and negligence.

Expired Driver’s License

Driving with an expired license complicates liability cases. While having an expired license does not inherently cause an accident, it can reflect negligence and lead to liability complications in insurance claims.

Highway and Intersection Accidents

High-speed accidents on highways often involve multi-vehicle collisions, making fault determination challenging. Intersection accidents, particularly in busy urban areas, require detailed analysis of traffic light timing, signage, and driver behavior to assign liability accurately.

Proving Negligence and Protecting Your Rights

To establish negligence in a car accident case, four elements must be proven:

• Duty of Care: The defendant owed the plaintiff a duty of care, such as following traffic laws or keeping their property clear of hazards.
• Breach of Duty: The defendant violated this duty through reckless or careless actions.
• Causation: The breach directly caused the accident and the resulting injuries.
• Damages: The plaintiff suffered losses, such as medical bills or lost wages, due to the accident.

Proving Negligence Requires Evidence

Collecting evidence is crucial for proving negligence. Steps include:

• Taking photographs of the scene, vehicle damage, and road conditions.
• Obtaining witness statements and contact information.
• Securing a copy of the police report.
• Preserving medical records and repair invoices.

An experienced attorney at Morgan & Morgan can assist you with a case investigation, evidence collection, and proving liability.

Legal and Financial Implications of Being at Fault

Drivers found at fault in an accident may face:

• Legal Actions: The at-fault party could be sued for damages exceeding their insurance coverage.
• Insurance Premium Increases: Fault determination often results in higher insurance rates.
• Out-of-Pocket Costs: If liability exceeds policy limits, the driver may need to cover the remaining costs.

No-Fault State Regulations

In no-fault states, drivers rely on their own insurance policies to cover medical expenses and lost wages, regardless of fault. However, property damage claims still depend on fault determination. This system aims to reduce litigation but may limit compensation opportunities.

What to Do After an Accident to Manage Liability

If you are involved in an accident or experience an injury, prioritize your health and safety and seek immediate medical attention. Move your vehicle to a safe location if possible and call 911.

Even if your injuries seem minor at first, some injuries don’t show symptoms right away and can worsen over time if left untreated. Seeing a doctor also establishes a medical record that can be used as evidence for insurance claims or lawsuits.

Be sure to notify the proper parties of your incident. File a police report to document the incident officially.

Share contact and insurance details with the other parties. If you are able before leaving the scene of the accident, collect any surrounding evidence that can support your claim. Capture images of the scene, vehicle positions, and visible injuries.

Lastly, you should contact Morgan & Morgan for a free case evaluation. Our helpful legal team can hear your story and advise you on your next best steps—free of charge.

Special Note: Read First Before Talking to Insurance Companies

When communicating with other parties and insurance companies, be sure to:

• Avoid admitting fault at the scene. Don’t make comments like, “I’m sorry.”
• Stick to factual descriptions when speaking to insurers.
• Consult a lawyer before making formal statements.

Morgan & Morgan Can Help Determine Liability and Fault

Determining liability and fault in car accidents involves a nuanced interplay of traffic laws, driver behavior, and situational specifics. 

From understanding right-of-way rules to navigating multi-party disputes, working with an experienced personal injury lawyer can make a big difference in your case. 

If you’ve been involved in an accident, contact Morgan & Morgan. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

Frequently Asked Questions

What does it mean to be in a "fault" state if I'm in an accident?

Each state has established its own laws concerning which party should assume fault for causing a motor vehicle collision. You either live in an at-fault or a no-fault state. Both categories determine how legal liability is assigned for a car accident, as well as how insurance policies apply to everyone involved in a crash.

Living in an “at-fault” state means the at-fault driver’s insurance policy covers the costs associated with the collision for every party involved in the crash. Although at-fault states provide financial incentives for drivers to operate their vehicles safely, proving fault can be a complicated process that requires the legal support of a state-licensed personal injury attorney.

I’m in a “no-fault” state. What does that mean if I’m in an accident?

As one of the unpleasant facts of life, getting involved in a car accident requires following multiple steps to resolve the subsequent financial issues, including lost wages, medical expenses, and property damages. If another party committed one or more acts that caused a vehicle collision, most states operate on the at-fault insurance principle, which means the party at fault can be held legally liable for paying for the costs associated with a car accident. The at-fault driver’s insurance company pays out claims to the other parties involved in a crash.

However, drivers in 12 states must follow the no-fault insurance doctrine, which means they cannot depend on another party’s car insurance company to pay for costs associated with the injuries sustained from a vehicle collision even if another party is responsible for causing a car accident. You might be thinking, “I’m in a no-fault state—what does that mean if I’m in an accident?” One of the experienced personal injury attorneys at Morgan and Morgan can help you navigate the process of receiving proper compensation.

How do I show liability in a failure-to-yield accident?

A failure-to-yield accident happens when someone does not give the right of way to another pedestrian, bicyclist, or driver. This failure can lead to devastating collisions that can cause lifelong injuries or even fatalities. In many cases when an accident involves more than one vehicle, another car will strike the car that didn't yield.

Failure to yield accidents, as your car accident lawyers at Morgan & Morgan can tell you, can frequently happen when a driver comes upon a flashing red stop light or tries to turn left when the way is not clear. 

Drivers who come onto a street from out of a private driveway may also fail to yield, in addition to those drivers who fail to give pedestrians the right of way when that pedestrian is in a crosswalk. 

To prove liability against the at-fault driver, you will have to prove that the negligence of the other driver caused the crash because they failed to yield and ultimately caused you to suffer injuries. It is your responsibility as the victim to show causation, which means you need to submit evidence that the other person's actions caused the accident. 

A victim also needs to show that the injuries they suffered were a reasonable consequence of the driver's failure to yield. It can be very challenging to gather and present the right evidence showing the factors of the crash. A car insurance company representing the defendant, or the defendant directly, may argue that they had the right of way. In many cases, your car accident lawyer, like those working at Morgan & Morgan, will communicate with accident reconstruction experts to review this evidence, such as witness testimony and skid marks to provide opinions about how the accident happened. 

This could make a substantial difference in the outcome of your case, and it is a leading reason why Morgan & Morgan has such a strong reputation for representing victims in failure to yield accidents.

How Do I Know if My Car Is Totaled?

Data collected from insurance companies and law enforcement agencies shows more than six million car accidents are reported each year in the United States. Who knows how many more vehicle collisions do not get reported? Of the more than six million reported motor vehicle collisions, some of the crashes result in at least one motor vehicle defined as totaled. This begs another question: How do insurance adjusters define a totaled automobile?

The most basic definition of a totaled car is it costs more to repair the damage than it is to replace the damaged motor vehicle. If the insurance adjuster processing your claim determines your car is totaled, the insurance company compensates you for the value of the motor vehicle instead of authorizing repairs. One of the signs of a totaled car is the inability of the owner to drive it anywhere. Other signs of a totaled motor vehicle include a car that does not start, leaks a considerable amount of fluids, and contains parts that are bent and impossible to bend back into the proper positions.

A motor vehicle loses more than 60 percent of its value after five years because of depreciation. Let’s say your car is five years old and you drove it off the dealership lot at a value of $30,000. Because of the standard depreciation table, your car is worth just $12,000 after five years. If you get involved in a vehicle collision and the damage produced by the crash amounts to more than $12,000, the insurance adjuster processing your claim should rule your motor vehicle a total loss and instead of paying for repairs, compensate you $12,000 for the depreciated value of the motor vehicle.

What Happens at the accident scene if I have an expired driver’s license?

Whether you get pulled over for speeding or get involved in a car accident, the responding member of a law enforcement agency asks to see your driver’s license to process a traffic ticket or start the completion of a formal police report. 

If your driver’s license expired a few days prior to a vehicle collision, the responding law enforcement officer might give you a written warning to take immediate action that rectifies the law violations. On the other hand, you might receive a traffic ticket for driving on an expired driver’s license if you have waited too long to correct the legal issue. If you have committed a repeat violation of driving with an expired license, the law enforcement officer responding to an auto collision might decide to place you under arrest.

It is important to note that every state requires the operators of motor vehicles to obtain a valid license. In addition to the possibility of receiving a traffic ticket, getting involved in a car accident with an expired driver’s license might prevent you from receiving the compensation you deserve because another party committed one or more acts of negligence. You can still file an insurance claim, as well as a civil lawsuit that seeks monetary damages, but the status of your request for financial assistance is much more uncertain if you got involved in a car accident with an expired driver’s license.

Hiring one of the experienced personal injury attorneys at Morgan and Morgan can help you clarify your status as a victim of a car accident with an expired driver’s license.

Who is liable for paying compensation if I win a car accident lawsuit?

In most cases, car accident victims recover compensation from the other party's insurance provider. But that is just one of the many ways to seek compensation.

If you live in a "no-fault" state like Florida, you must file a claim with your insurance provider before pursuing compensation from the other party. Such states usually require drivers to have Personal Injury Protection Insurance. In Florida, for example, drivers must have PIP insurance worth at least $10,000.

This insurance covers bodily injury, property damages, and, in most cases, lost wages. However, if the coverage is insufficient to compensate you for your losses, you may file another claim with the other party's insurance provider.

Suppose the accident occurred due to a faulty car part. In that case, you can file a product liability lawsuit against the part manufacturer and recover compensation from them as well. The bottom line is that there are many ways to recover compensation after a car accident. 

The best thing to do if you ever find yourself in such a situation is to contact an experienced car accident attorney. After reviewing your case, the attorney will decide the best way to proceed. They will also identify where to file a claim and how much you may be entitled to as compensation. Contact Morgan & Morgan today to learn more.