Road accidents have claimed millions of lives around the world. There are four main classifications of “fault” used to determine the liability of each party in the event of a crash. Negligence, recklessness, intentional misconduct, and strict liability are all recognized under Common Law.
Negligence is general carelessness or misconduct that leads to damage of cars and some degree of bodily harm to passengers or pedestrians. This type of fault is the most common. Examples of negligence would be failing to yield or stop at the sign.
Recklessness and intentional misconducts are the same. They refer to a case where one wantonly or willfully disregards the safety of others on the road. An example of this kind of road misconduct would be driving under the influence (DUI).
Lastly, strict liability refers to liability imposed on someone without determining fault due to the type of fault being highly suggestive. For example, a rear-end collision highly suggests that the driver at the back is at fault and will most likely be liable for damages on both cars.
Aside from knowing the determination of fault, you need to know where to find help should you need it. The obvious choice will be a personal injury attorney in your state or city. Admittedly, you will find many of them around, but working with someone who has handled your case type is advisable. An easier option, however, might be to turn your attention to finding an expert like a personal injury attorney White Law for example. Better yet, ask friends and family to recommend a trusted legal mind.
Because finding a lawyer can be tricky, Top Researched is an online comparison platform that can simplify the process.
Here are some actions that may leave you liable for a car collision if you do not do so.
Leaving The Scene
Whether the crash is a fender bender or a head-on collision with several injuries, it is in the best interest of both drivers to stay at the scene of the crash.
Staying at the scene ensures that all parties involved in the collision get immediately checked for possible bodily harm or injury. After which, you should call medical assistance and the police directly.
Avoiding Authorities
Any insurance company will require you to file a report of the accident to the police within the first 24hours after the crash. The recorded police report is what your insurance will need to verify and process your claim.
Not Recording The Incident
Aside from the police report, which will help your claim to your insurer, it is crucial to document your record of what happened. Take photographs, note the traffic density, or make sketches showing the crash scene in relation to fixed structures such as street signs or traffic lights.
Collecting these details will assist you in avoiding accepting liability or fault. While further strengthening your claim to your insurer.
Driving Under The Influence
It is typical for emergency medical personnel or forensic police to conduct medical examinations on all parties involved in the crash. It is, therefore, advisable to avoid taking any drug or intoxicating beverage to “calm your nerves.”
Moreover, if you are under the influence of alcohol or substances at the time of the accident, you will automatically be responsible for the collision in most cases. You will need the help of a criminal DUI lawyer to prove your innocence if you want to avoid being charged with a DUI.
Verbal Abuse Of Other Motorists
However, this point should go without saying it is essential to reiterate that motorists should always remain calm after a car crash. Exhibiting acts of aggression, intimidation, or road rage may lead you to say things that may qualify as fault admission.
It is also crucial to avoid saying things like “my insurance will cover this,” or “something obscured my view,” or “I do not need medical assistance,” as these can go on record as admission to the liability of the crash.