motor vehicle accidents

Proving Fault In Motor Vehicle Accidents

As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was careless or "negligent." In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. Your argument that another person was at fault for an accident can be strengthened if you obtain some "official" support for your conclusion. An attorney will look to a number of sources to help you determine who was at fault for your accident and obtain the official support you need. Here are a number of places he or she may look for such support.

Police Reports

If the police came to the scene of your accident, they probably made a written accident report. Ask the traffic division of the police department how to get a copy.

Sometimes a police report plainly states an officer's opinion that someone violated a specific traffic law and that the violation caused the accident. It may even state that the officer issued a citation. Other times, the report merely mentions negligent behavior, without plainly stating that the violation caused the accident.

Regardless of how specific it is, any mention in a police report of a traffic law violation or careless driving by another person can serve as great support in showing that the other person was at fault.

State Traffic Laws

Another place to find support for your argument that the other driver was at fault is in the state laws that govern driving. These rules of the road are contained in each state's statutes, and are usually known as the Vehicle Code. A simplified version of these laws (sometimes called "The Rules of the Road") is often available at a local Department of Motor Vehicles office. The complete Vehicle Code is usually also available at DMV offices, many public libraries and all law libraries. In the index to the Vehicle Code, look for listings that may apply to your accident. For example, there may be listings for "speed limits," "right of way" or "roadway markings."

Specific Types of Accidents

If you're involved in certain kinds of accidents, there is a greater likelihood that the other driver will be found to be at fault.

Rear End Collisions

If someone hits you from behind, he is likely to be found at fault, regardless of why you stopped. A basic rule of the road requires a vehicle to be able to stop safely if traffic is stopped ahead of it. If he or she cannot stop safely, the driver is not driving as safely as the person in front.

The other helpful part of the rear-end accident is that the damage proves how it happened: If one car's front end is damaged and the other's rear-end is, there can't be much argument about who struck whom. Of course, the driver of the car that hit you may have a claim against someone who caused you to stop suddenly, or against a third car that pushed his car into yours. But that doesn't change his or her responsibility for injuries to you and damage to your car.

Keep in mind, however, that even if you have been rear-ended, in a few circumstances your own carelessness may reduce your compensation under the rule of "comparative negligence." A common example is when one or both of your brake or tail lights were out, especially if the accident happened at night. Another example is when a car had mechanical problems but the driver failed to do all she could to move it off the road.

Left Turn Accident

A car making a left turn is almost always liable for a collision with a car coming straight in the other direction. Exceptions to this rule are difficult to prove, but they can occur if:

The car going straight was going well over the speed limit.
The car going straight went through a red light.
The left turning car began its turn when it was safe, but something unexpected made it slow down or stop. This is an extremely difficult excuse to use because a basic rule of the road says the car making the left turn must wait until it can safely complete the turn before moving in front of oncoming traffic.

Also, as with a rear-end collision, the location of the damage on the cars sometimes makes it difficult for the driver to argue that the accident happened in some way other than during a left turn.