It's Not My Fault!

Figuring out who is at fault during traffic accidents depends on who was careless or "negligent". In legal terms, a person is "negligent" when there is failure to use reasonable care. If a person fails to act carefully and sufficiently in a matter in which he or she has a moral responsibility, that person is considered "negligent". It is a departure from what an ordinary reasonable member of the society would do in the same community.

However, determining negligence is a gray area when it comes to deciding whose fault it is when accidents occur. In many cases, intuition usually tells when a driver, cyclist or pedestrian acted carelessly, but not what rule or regulations have been violated.

When trying to get support to your claims from an insurance company, a number of official support can help a great deal. It is easier to tell that you're not at fault when…

… the police report says so.
A written accident report from the police can serve a great deal of support in showing that the other person was at fault. When there is an injury during the accident, there is an increased probability that the police would be taking down notes and file the report later.

The statements in the report may range from the officer's opinion of who is at fault, or who violated a specific traffic law that caused that accident, or even that the officer issued a citation. Other times, the report may merely mention negligent behavior without plainly stating that the violation caused the accident.

Regardless, any mention in a police report of a traffic law violation or careless driving of a person other than yourself, can show that the other person is at fault, and serve the purpose of supporting your claims.

For a copy of that report, you may ask the traffic division of your police department.

… stating traffic laws.

Another great support for your argument would be in the state laws that govern driving. Each state has its rules of the road contained in its statutes. Usually known as the Vehicle Code, a simplified version is often available at a local Department of Motor Vehicles office. Aside from the Department of Motor Vehicles office, your public library and all law libraries has a complete version of the Code. In addition, you could also browse in the Internet for your state's Vehicle Code.

In the index, look for listings of rules that may apply to your accident. You could even ask the assistance of your local librarian to help you with your research. Just remember to copy not only the exact wording of the rule that may apply to you, as well as the statute number. You can refer to this easily when the time comes that you are negotiating your claim with the insurance company.

… there's "No-Doubt" about it.

There are certain kinds of accidents that provide a "No-Doubt" Liability when claiming insurance. When this kind of accident happened, 99% of the time, the other driver is considered at fault. The insurance companies hardly bother to argue about it. Such "No-Doubt" situations occur on:

Rear-End Collisions
It is never your fault, when someone hits you from behind, regardless of why you stopped. A basic rule of the road states that a vehicle should be able to stop safely if traffic is stopped ahead. If it cannot stop safely, the driver is not driving as safely as the person in front.

Another sure-fire evidence of the rear-end collision is when your rear end is damaged and the other driver's front end is also damaged. There can be no doubt on who struck whom. The driver of the car that hit you may claim against someone who caused you to stop suddenly, or against a third car that pushed his car into yours. No matter. That doesn’t change his or her responsibility for injuries to you and damage to your car.

However, there are still a few circumstances that your own carelessness may reduce your compensation. This is under the rule of "comparative negligence." This may apply in situations such as when one or both of your brakes or tail lights were out, especially at night.

Left-Turn Accidents
The rule says that a car making a left turn is almost always liable for a collision with a car coming straight in the other direction.

Still, there are exceptions to this rule, however rare and difficult to prove. The car making the left turn can be excused when (1) the car going straight was going well over the speed limit; (2) the car going straight went through a red light; and (3) the left-turning car began its turn when it was safe, but something unexpected made it to slow down or stop. The third exception is extremely difficult to use because of a basic rule: that the car making the left turn must wait until it can safely complete the turn before moving in front of oncoming traffic.

In addition, the location of the damage on the cars in rear-end collisions sometimes make it difficult for the driver to argue that the accident happened in some way other than during a left turn.

All in all, it is easy enough to say that the other person is at fault. Although it seems complicated at times, most often, it is simple common sense that makes the difference.
(Submitted to Anna Lim via email 011905)