Many car accidents are caused by a driver’s negligence. All drivers are responsible for following the traffic laws, being aware of their surroundings, including road conditions, and for driving defensively to try to avoid accidents. However, there are cases when someone’s negligence makes it impossible to avoid an accident.
A person who is found negligent in a car accident will be determined to be at fault for the accident. The negligent driver and their insurance company will be responsible for the damages and injuries caused by the negligence. In some cases, where both drivers are determined to be partially negligent, the percentage of responsibility will need to be determined to figure out what portion of damages will be paid by each driver and their respective insurance company.
Driver Error
Driver error is responsible for the majority of car accidents. Some common causes of driver error include fatigue and other distractions such as:
- Cell phones
- Eating
- Playing with the stereo, GPS or other gadget
- Reading
- Applying makeup
Intentional Driver Negligence
While some accidents truly are accidental, some are caused by the reckless behavior of drivers on the road. Some examples are:
- Intoxication (alcohol, illegal substances or even prescription drugs)
- Speeding
- Tailgating
- Vehicles racing other vehicles
- Running a stop sign or red light
- Passing or driving on the shoulder of the road
Rear-End and Left-Turn Collisions
There are some examples where the fault of the accident is generally cut and dry. These include rear-end collisions and left-turn collisions.
In a rear-end collision it is almost always the fault of the rear driver. Even if road conditions contributed to the accident by way of making it impossible for the rear driver to stop in time, it is still the rear driver’s fault. All drivers should be aware of how the road conditions relate to their stopping distance. In the case where a driver is hit from behind by another driver and is pushed into the vehicle in front of it, the rear-most driver would be at fault.
Left-turn collisions are another example where it’s almost always the fault of the driver making the left hand turn. The only real exception is when the left turning driver started to turn at a safe time but something unexpected happened, like the vehicle stalled, to not allow them to complete their turn safely.
Whether an accident is caused by driver error or reckless behavior, the percentage of fault needs to be determined in order to establish who is responsible for the injuries and damages.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about car accidents.
Additional Legal Tools: Visit the law offices of Elan Wurtzel for more information on car accidents.