In cases where both parties share responsibility for the accident, the question isn’t just who was at fault, but who has a greater share of responsibility for the accident. That said, the responsible portion may be as minimal as 1%, and there are certainly cases where you can end up with 0% responsibility. In fact, if both cars were moving prior to the accident, it’s safe to assume that both drivers will end up with some responsibility. You may be surprised to learn that in many accidents, both drivers share a portion of the responsibility. In an auto accident, fault is usually placed with the driver who failed to operate their vehicle safely and obey the applicable traffic laws.
Fault (also referred to as negligence in a personal injury claim) generally refers to a person’s or entity’s failure to act with reasonable care to protect others from harm. If there is a personal injury claim from the accident, the court will need to assign fault to determine how much compensation each party is entitled to. There are some cut-and-dry rules that apply when it comes to traffic accidents, but even the most black-and-white issues can be turned upside down when the driver with the right-of-way is under the influence, excessively drowsy, recklessly aggressive, or distracted by their cell phone. Like most legal questions, the answer to this one begins with “it depends.”
While the primary concern should always be to ensure the health and safety of everyone involved, one of the first thoughts to cross your mind after an accident will inevitably involve whose fault it was.
Accidents are often the result of a brief distraction, sometimes by both drivers, and unfortunately that momentary loss of attention can lead to serious injuries and property damage. This post is also available in: Español (Spanish )Įven the best drivers can find themselves on the wrong side of a car accident in an instant.
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