Who Is to Blame for Highway Accidents?

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You don’t have to be driving on one of the deadliest highways in America to wind up in a serious car accident. The fact is, no matter how cautious you are on the highway, other drivers can make poor decisions and put you in danger. If you are the victim in an accident, it’s imperative that you have a personal injury lawyer on your side to help you recover compensation for your lost wages, medical expenses, and other damages. 

Who Is to Blame for Highway Accidents?

Highway accidents can happen for a variety of reasons:

  • The other driver was drunk. The liable driver may have been under the influence of alcohol. This is a common occurrence, as 29 deaths occur every day involving alcohol-impaired motorists.
  • The other driver was speeding. Speeding is one of the leading causes of auto accidents and can lead to serious injuries on a major highway.
  • The other driver was distracted. Distracted driving is the leading cause of all car accidents. More and more, drivers are becoming distracted and losing focus on the road, whether due to texting, eating, applying makeup, or browsing the internet on their phone. It takes just a moment of inattention for disaster to strike.
  • The other driver was reckless. Driving well over the speed limit, changing lanes too quickly, and driving aggressively are examples of reckless driving.
  • Weather conditions were poor. It’s not always another driver who is to blame — sometimes poor weather conditions such as rain and snow can lead to collisions or one-vehicle accidents.

Determining Fault in an Accident

The central question following any car accident is: Who’s to blame? In many states, auto insurance is fault-based, meaning if an accident happens, the at-fault driver’s insurance company will help pay the victim’s medical expenses, lost wages, repairs, and other costs. Other states are no-fault insurance states, in which drivers must carry personal injury protection. 

Generally, fault is determined based on the state’s definition of negligence.

  • Comparative Negligence: Some states use comparative negligence, or the percentage of fault one driver has, compared with the other. In these states, you can recover compensation even if you’re partially responsible.
  • Modified Comparative Negligence: In some states, you can recover compensation only if you’re less than 50% at fault for the crash.
  • Contributory Negligence: Contributory negligence is an all-or-nothing form of determining fault. If, for example, you were 20% at fault, you won’t be compensated.

Contact a Highway Accident Attorney

Navigating an auto accident claim can be tricky, as each state has its own laws and requirements. If you are involved in a highway accident or any other type of vehicle collision, it’s important that you contact an attorney right away. At Morgan & Morgan, we help auto accident victims recover compensation for their medical bills, lost wages, pain and suffering, and other damages following a crash. What’s more, we work on a contingency fee basis, so you pay us only if we win. It costs nothing to get started, so schedule a free case evaluation now.

By Jonathan Fraser

Writer