After a fender bender, you may find yourself in a situation where the other party’s insurance company is questioning your innocence despite your certainty that you’re not at fault. This can be perplexing and frustrating. To establish your lack of culpability, it’s essential to understand the laws and regulations governing motor vehicle accidents in your state.
While specific circumstances can vary widely, we can delve into the general principles of motor vehicle statutes, auto insurance, and the key factors that influence fault determination in car accidents. This will provide a broader understanding of the process, even if we can’t address your unique situation without more information.
State Statutes
In the United States, liability insurance is a requirement for all automobile owners, across all 50 states. As a result, the majority of car accidents, particularly those that do not involve serious injuries, are typically resolved through insurance companies.
The auto insurance industry has influenced state legislatures to establish car accident liability based on motor vehicle statutes, rather than common law principles. This approach enables insurers to contest liability and fault more easily in cases where a traffic law violation occurs or a driver lacks insurance.
Therefore, it is essential to familiarize yourself with the specific laws in your state regarding the allocation of blame and liability. For instance, if evidence suggests that you failed to signal a lane change, leading to another driver crashing into your vehicle, this will impact the determination of fault.
Laying Blame
If the other driver involved in the accident alleges that you failed to signal, the motor vehicle law in your state may hold you entirely responsible for the accident. This is because signaling is a legal requirement for changing lanes, and failing to do so can be deemed a breach of that responsibility.
However, this doesn’t necessarily mean you’ll be held liable for the accident. If you’re dealing with an insurance company, you can provide evidence to refute the claim. For instance, you might explain that a sudden and unforeseen circumstance on the road necessitated a quick lane change, which would have made signaling impractical or unsafe.
When interacting with insurers, the burden of proof is generally less stringent than in civil litigation. Nevertheless, having a police report, witness statements, photographs, or other documentation of the incident can be beneficial in supporting your case. In some instances, accidents may lead to negligence suits, which can have more severe consequences.
Talk to a Lawyer
Certain situations warrant legal action beyond insurance claims, particularly when injuries are severe or damages are substantial. If you’ve been injured in a car accident and are considering exploring negligence litigation, consulting with an attorney is a wise step.
Many personal injury lawyers offer free or low-cost consultations, providing an opportunity to discuss your claim and gain valuable insights.
