You are driving down the road and suddenly have a car accident. You don’t see the other person, but suddenly you find yourself in an accident on the highway with multiple injuries. The other driver may be at fault—and if they are, they might seek compensation for the injuries. However, what happens when there is no apparent fault? Under some circumstances, you can still be found partially liable for an accident, even if there was no actual wrongdoing on your part. You should get help to analyze the liability in a car accident. A lawyer is what you need in these situations. Consult with a car accident lawyer about your situation to know what you can do to protect yourself.
Weigh the Circumstances
To understand your legal rights, you must first know all the facts surrounding the accident. First, ask yourself if the other driver was at fault for causing the accident: Were they driving too fast? Did they have a history of reckless driving? Is there any evidence to suggest that this person was intoxicated or under the influence of drugs or alcohol? If so, that could be considered dangerous driving.
Second, ask yourself if you were partially responsible for causing an accident. You might have struck another vehicle while turning left onto a street, hit another car while changing lanes, failed to yield the right-of-way when entering an intersection, failed to obey traffic lights, and so on. Finally, consider whether or not all parties were entirely responsible. Was one party solely at fault? Or were both parties equally culpable in creating this situation?
Consider Your Location in Traffic
- If you are in the left lane, you are not at fault.
- If you are in the right lane and changing lanes to pass someone coming up behind you, it’s considered “left-lane passing.” This means that if there is no traffic ahead of them and they want to pass quickly without waiting for another vehicle to move over into their space, they will be liable for injuries caused by being rear-ended because they did not yield the right of way as required.
An accident can be complex, and you should consult an attorney to get help analyzing the liability in a car accident. You may have been partially liable for an accident, which means that you should pay some of the damages, but it doesn’t mean you’re responsible for all of them. You can defend against contributory negligence claims by showing that other factors are at play in causing your injuries.
Car Accident Insurance Laws
In most states, drivers are required to carry insurance. If you do not have an adequate policy in place and your car is struck by another vehicle, the other driver will likely sue you for damages. As a result of the lawsuit against you, your insurer may choose to pay out more than its entire policy limit because they believe there is some liability on its end.
When you’re involved in a car accident, it can be not easy to know what your legal rights are. It can also be confusing if you’re worried about the other party’s insurance coverage and how much they may be responsible for.