Liability in car collisions can be very complex, leaving the people involved in the crash confused and unsure how to proceed. The ability to establish fault in a car accident can hinge on several factors that can make or break your auto claim. In this article, we will explain what fault is, how to determine fault, and other factors that may influence who may be liable for a car crash.
by Meaghan T. Baca, Esq.
What Does It Mean to Be at-fault?
The person who caused the accident is typically the person that is “at-fault,” or in other words, liable for the accident. You can think of the crash through the lens of a cause-and-effect relationship. Your car would not be damaged or you would not be injured (effect) but for the actions of the other driver (cause). Proving fault in a car accident lays the foundation for insurance claims and potential legal claims.
Factors That Influence Who is at Fault
Although it may seem simple enough to assign fault in a car accident, it is rarely ever straight forward. A multitude of factors can influence the determination of fault after a car accident. Here are a few key elements that may come into play.
Negligence
Negligence refers to the failure to exercise reasonable care in the operation of a vehicle. Establishing negligence usually means examining the other driver’s actions or failures to act in a reasonable way. As drivers on the road, we can all agree on certain standards of care that we owe each other. For example, we are likely to agree that paying attention to the roadway is a standard of care that any reasonable driver would agree. If a driver was looking down at his burger, eating while driving, and slams into the car in front of him, reasonable people would agree that the man was not paying attention to the road while driving, and that he deviated from a standard of care. This deviation from care then led to the crash. This type of substandard behavior is referred to as “negligence.”
Traffic Laws
As a society, we have come together and created certain laws for drivers in order to keep the roadways safe for everybody. Violations of those traffic laws can directly lead to an accident. For example, if a driver disregards a stop sign and crashes into another person, the driver’s violation of running at a stop sign likely caused the accident. Understanding specific traffic laws and whether they align with the facts of your case can provide valuable insight into who is at-fault.
Comparative Negligence
More than one person may have caused the accident. In which case, both drivers share responsibility for what happened. The degree of responsibility assigned to each person will impact the amount of compensation each person is entitled to receive. For example, if one person was speeding through an intersection while the other driver was texting on their phone, the concept of comparative negligence would come into play. Ascertaining whether there was comparative negligence is key in establishing responsibility after an auto accident.
Weather and Road Conditions
Rain, snow, fog, and other severe weather plays a significant role in car accident liability. When there is bad weather, a driver’s duty of care to other drivers on the roadway is heightened. That’s because weather can affect our visibility, our reaction times, and the ability to maneuver our cars.
Legal Experts are Standing By
Because determining negligence can get complicated, try to gather as much evidence at the scene of the car accident, such as: photographs, witness statements, videos, police reports, etc. This evidence will help your attorney’s liability investigation after a crash.
If the claimant and the insurance company cannot agree who is at-fault, the parties will have to go through a legal process for determining liability. Usually, this will include filing a complaint in court, going to mediation, and possibly going to trial.
Fault in Auto Collisions
After a Car Accident
When it comes to auto accidents, considering who is at fault is pivotal in your insurance claim. Whether it is determining negligence, violation of traffic laws, contributory negligence, or weather conditions, understanding and determining fault is essential. These factors prove the at-fault driver’s responsibilities.
Remember, the aftermath of an accident can be overwhelming, and seeking professional guidance is a wise step. Our attorneys are highly experienced in the world of car accidents and can help you navigate this intricate landscape of determining fault. Call our office today to speak to an attorney about your car accident claim.
“Motor vehicle traffic crash-related injuries were the second leading cause of injury death in 2020 for New Mexicans aged 1 to 24 years (11.4/100,000 population). Males between the ages of 15 to 24 years die from motor vehicle traffic crash-related injuries at a rate that is nearly twice the rate for females of the same age.” – New Mexico’s Health Indicator Data & Statistics, April 2024 (click here for link to source)
Real, Local Car Accident Attorneys
We deliver high quality legal services, and we achieve help clients obtain fair compensation for injures they suffered through no fault of their own.
Communities We Proudly Serve Near Albuquerque & Santa Fe, New Mexico
- Northeast Heights
- Corrales
- Los Ranchos
- North Valley
- 4th Street
- Montgomery
- Central
- Paseo del Norte
- Westside
- Taylor Ranch
- Ventana Ranch
- Bear Canyon
- Barelas
- South Valley
- Monte Vista
- International District
- Huning Castle
- Old Town
- Downtown
- Uptown
- Nob Hill
- Heights
- Rio Rancho
- Bernalillo
- Placitas
- Santa Fe
- Española
- Moriarty
- Belen
- Los Lunas
- Chimayo
- Embudo
- Taos
- Chama
- Farmington
- Gallup
- Grants
- Las Cruces
- Roswell
- Socorro
- Truth or Consequences
- Artesia
- Carrizozo
- Raton
Speak with an Experienced Severe Injury Lawyer in Albuquerque Right Away.
If you have been severely injured in an auto accident, car crash, or truck collision in Sandoval County, contact our Albuquerque Injury attorneys for a free case evaluation today.