Car accidents are all-too-common occurrences that cause serious and costly injuries each day to unsuspecting people. When a collision happens, determining who is at fault is crucial for legal and insurance purposes. But what happens when the liable party points their finger at you and says you’re partially to blame?
Even if the at-fault party or their insurance company is placing partial fault on you, it doesn’t mean you had anything to do with causing your collision. It’s not uncommon for insurance companies to try to shift the blame, which helps them pay out as little as possible for a claim.
When you’re in an auto collision, consult a car accident attorney right away. A lawyer can protect your rights and help establish liability, helping to maximize your compensation. They will challenge wrongful accusations of blame so you do not receive less than you deserve under the law.
What it Means to Be “At Fault” For a Car Accident
When a party is “at fault” for a car accident, it means they are legally responsible for causing the collision. This typically involves determining that the party’s negligence, recklessness, or intentional actions contributed to the crash.
More than one party can be at fault for a collision. When this occurs, all liable parties can share legal and financial responsibility. If two or more other parties caused your crash, for example, you can seek compensation from all of those parties. However, you do not want to accept wrongful liability for the crash.
The Importance of Determining Fault for a Crash
Determining fault is one of the most important parts of a claim. Without knowing who is liable, you do not know who is financially responsible and will not have a clear path toward monetary recovery. Whenever liability is uncertain, car accident attorneys put an emphasis on investigating and determining who was at fault for the crash.
Common Causes of Car Accidents
Part of pinpointing liability is determining the cause of the collision. Once you understand what caused your accident, you’ll better understand who caused it.
Car accidents happen for a variety of reasons, often involving driver negligence. Dangerous driving behaviors that regularly cause auto collisions include:
- Speeding: Driving above the speed limit reduces reaction time and increases the impact of the collision and the severity of resulting injuries and property damage.
- Distracted driving: Distractions are abundant while driving. Activities like texting, talking on the phone, eating, or even daydreaming divert attention from the road.
- Driving under the influence: Impaired driving is illegal. Alcohol, drugs, and even some medications can impair drivers, impacting their judgment, coordination, and reaction times.
- Reckless driving: Aggressive behaviors such as tailgating, racing, swerving in and out of lanes, and road rage often lead to accidents.
- Fatigue: Drowsy driving affects concentration and increases the likelihood of falling asleep behind the wheel. The effects of fatigued driving are similar to those of driving under the influence of alcohol or drugs.
- Improper turns and lane changes: Failing to signal, check blind spots, or look for oncoming traffic can all result in car accidents.
- Running red lights and stop signs: Ignoring traffic signs and signals can lead to collisions at busy intersections.
- Failure to yield: Failing to stop and yield to other drivers when appropriate regularly results in unnecessary collisions.
Additionally, other factors can contribute to collisions, such as hazardous road conditions, improper vehicle maintenance, and dangerous weather conditions.
Sometimes, the cause of a car accident is initially unknown. A thorough investigation can clarify what led to the collision and who is responsible.
Insurance Companies Shift the Blame to Limit Their Liability
After an accident, you can often file an insurance claim against liable parties. While filing a claim may seem like a clear path toward compensation, it’s not always that easy.
It helps to understand how insurance companies operate. Insurance companies have a goal: to make money. These companies make their money via insurance premiums from customers. Not only do they want to make money, but they also want to keep their money. When victims file claims, insurance companies might have to pay significant amounts to settle claims, which they don’t often do willingly to protect their profits.
To minimize payouts, insurance companies often try to shift the blame on claimants. If a claimant is even partially to blame, this can reduce the amount of money the insurer needs to pay out, which is a win for them.
When the insurance company tries to make you believe you’re partially the problem, don’t believe them right away. Discuss your situation with a car accident lawyer who can properly investigate your accident and establish liability.
How Insurance Companies Try to Make Innocent Victims Seem Liable
Insurance companies utilize several tried and true tactics to hurt a person’s claim, shift liability, and limit payouts.
Among these tactics, one of the most common is the recorded statement. Shortly after your accident, the insurance company may contact you and request a recorded statement, meaning they want your side of the story. While this might seem routine and innocent, they’re trying to see how they can twist your words and use them against you. This way, it’s easier for them to place blame on you.
Along with a request for a recorded statement, insurance companies utilize other strategies to minimize payouts, including misrepresenting your rights and options, delaying claims, and offering lowball initial settlements that don’t fully represent the value of your claim.
When you’re involved in an auto collision, you deserve protection from insurance companies. Hiring a lawyer helps ensure the insurance company can’t take advantage of you, and you have a better chance of obtaining full and fair compensation.
What To Do Following a Car Accident
What you do after your car crash matters more than you may believe. The steps you take can significantly benefit your claim, protect your rights, and put you in a better position to obtain fair compensation for your accident.
Seek Medical Treatment
When you’re injured in a car accident, you must prove the severity of your injuries and how your injuries have impacted your life. To do so, you need medical records.
As soon as possible after your collision, seek medical attention. Visit an emergency room or urgent care, or schedule an appointment with your primary physician. The moment you begin your treatment is also the moment your medical records begin to reflect details concerning your physical injuries.
Not only can medical records help you obtain compensation for medical bills and other related losses, but they can also help prove fault in many cases. Aside from the benefits to your case, getting medical treatment ensures you put your health and well-being first and begin your recovery immediately.
Collect Evidence
Whenever possible, begin gathering evidence concerning your accident. If you were able to collect evidence at the scene, like photos and witness contact information, keep it to show to your lawyer when prompted.
Additionally, you should document everything related to your accident, like details about your injuries, pain level, and treatment, and maintain relevant documentation, including bills, receipts for out-of-pocket expenses, and correspondence from the insurance company.
When you hire a lawyer, they can gather additional evidence to strengthen your case and establish liability.
Notify Your Insurance Company
Even without sharing fault in a car accident, you must notify your insurance company. Insurance companies often have timelines for reporting your collision, and failing to do so can negatively impact your claim. You should have your attorney handle this notification, just like they should handle any other insurance communications.
Consult a Car Accident Lawyer
One of the best things you can do following an accident is to speak with a qualified attorney. Initially, a lawyer can provide necessary guidance and support and address your questions and concerns. Once they take on your case, they can handle all case-related tasks, from investigating your accident and proving fault to communicating with the insurance company and negotiating a fair settlement.
What Not To Do After Your Collision
While there are steps you should definitely take after your accident, there are also certain things you should not do. Doing any of the following can impact your claim and make getting the compensation you deserve more difficult.
Admit Fault
Never admit fault. While this may seem obvious, especially if you truly were not responsible for your accident, the stress of an auto collision can make people say and do things they normally might not.
For example, immediately after your accident, you may make a statement to police officers or the other driver that might indicate you played a part in causing the accident. Even if you are not at fault, you can say something other parties take out of context, even saying you’re sorry the accident occurred, so it’s important to be careful with what you say.
Speak with the Insurance Company
Talking with the insurance company can have harmful consequences. Therefore, it’s best to avoid them whenever possible. If the insurance company contacts you, regardless of what it’s for, you can inform them you’ve hired a lawyer and instruct them to speak with your legal representative.
Post on Social Media
Posting on social media is an everyday activity for many people. However, after an auto collision, it’s best not to post anything related to your accident. Insurance companies often investigate claimants by looking at their social media profiles. Whatever you post can be used against you, making it easier for the insurance company to claim you’re partly to blame for your collision.
Discuss what to do and not to do following your collision with a trusted car accident attorney. They are not only your advocate to insurers but also trusted counsel throughout the process.
Evidence that Helps Prove Fault for a Car Crash
Establishing fault in a car accident typically involves gathering various types of evidence to establish who was responsible. Some key pieces of evidence that can help prove fault include:
- Police reports: An official report from law enforcement can provide an impartial account of the accident, including details on how the crash occurred, which party might be at fault, and any citations issued.
- Photographs: Pictures of the accident scene, vehicle damage, road conditions, and traffic signs can help illustrate how the collision happened and the severity of the damage.
- Witness statements: Testimonies from witnesses who saw the accident can offer valuable perspectives on how the crash occurred and who might be responsible.
- Traffic camera footage: Footage from nearby traffic cameras can capture the incident from multiple angles and provide an objective view of the collision.
- Black box data: Modern vehicles often have black boxes, or event data recorders, that can provide information on speed, braking, and other driving metrics at the time of the collision.
- Traffic citations: Evidence of traffic law violations, such as running a red light or failing to yield, can help establish fault.
Collecting and presenting evidence can help build a strong case and prove who was truly at fault for the collision. Good evidence can also help remove the blame placed on you for your accident.
If Liability is an Issue in Your Car Accident Case, Seek Legal Help Right Away
It’s common to have issues with liability following a car accident. Do not get discouraged when you’re having trouble, and the at-fault party or the insurance company is trying to place even partial blame on you. Instead, immediately consult a local car accident lawyer.
Cases involving disputed liability can be particularly challenging to navigate. When you don’t have legal representation, it’s much easier for the insurance company to find success in their strategies and shift blame onto you for your collision. However, having a car accident attorney on your side means having the best ally in your battle for just compensation.
A San Jose personal injury lawyer can explain your rights, guide you through the process, and establish the other party’s liability to ensure you receive the financial recovery you deserve for your injuries and losses.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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