If you are involved in an accident, the police and the insurance companies will use all available evidence to decide who is at fault for the accident. If you and the other driver are both at fault, neither party can sue the other for any damages however if you are the only person at fault for the accident, you will be personally liable for the accident.
It means that if you are responsible for causing a motor vehicle accident, you can be personally liable for any damages caused by that accident. Fault applies in all types of car accidents, including crashes involving pedestrians, motorcycles, bicyclists, and trucks. Damages in a car accident include both economic and non-economic damages. Economic damages include the victim’s financial losses because of the car wreck, their injuries, or their recovery. Non-economic damages are the actual pain and suffering you experienced because of the accident and your injuries.
In most car accident cases, the insurance company for the at-fault driver handles the car accident claim. The accident victim files a claim with your car insurance provider. The company investigates the car accident to determine fault and liability. If the insurance company accepts liability for the car or trucking accident claim, it may negotiate a settlement with the victim.
The accident victim’s attorney and the insurance claims adjuster may issue offers and counteroffers several times before agreeing to a settlement amount. When the parties agree to a settlement amount, the insurance company and the accident victim sign a settlement agreement. The company pays the claim, and the car accident case ends.
Some helpful tips to avoid being at fault in an accident include:
- Following traffic laws and practicing good driving habits.
- Do not admit fault in an accident.
- Do not apologize or say you are sorry for the accident.
Liability for a car accident requires proof of fault. If the other driver cannot prove that you are at fault or cannot prove that they are also at fault, you may be able to avoid liability.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!