Who’s at fault in a crash crash? Tricky scenarios
Accidents happen whether we like it or not. And where there's a collision, everyone tends to know what to do: get out of their car, check for any injury, exchange details including insurance information, and report the incident to the police where necessary.
A couple of days go by and the insurance claims flood in, and someone (or a bunch of different people) are held at fault for the car accident. The real question is, whose fault is it?
In a collision, the person at fault is the one responsible for the accident and is most likely the one held liable for any and all damages.
This article reveals a list of different car collision scenarios going beyond the simple rear-end collision.
The rear-end collision
Probably the most common type of collision around, rear-end collisions have a general rule of thumb in that it's usually the driver behind who is at fault and will most likely bear most of the responsibility for the collision. According to the law, the person who rear-ends another vehicle is negligent due to their failure of keeping sufficient space between their car and the car in front.
However, it does get a little trickier in some instances as the driver who rear-ends a car in front isn't necessarily the one who is liable for the accident. In order to understand and determine fault, the concept of negligence must be considered.
Where the driver of the car in front acted negligently, such as reversing their vehicle without warning, jammed their brakes without notice, or failed to maintain their brake lights, they may be held liable for contributory negligence thus bearing some responsibility for the collision.
The parking lot mayhem
Being one of the most popular spots for car accidents to take place, the parking lot mayhem does get quite confusing. With so much room for error, drivers are vulnerable at all times from the simple backing out of a park, unpredictable pedestrians moving around and appearing out of nowhere, to the mass number of cars squeezing to fit into tight spaces.
The car park is indeed a battlefield for even the most seasoned drivers. And to determine who is at fault in the parking lot, you have to consider these two things: who was moving and who has the right of way.
Here’s a quick rundown of who’s fault it is in common accidents in parking lots:
- A car backs out of a parking space and collides with another car.
The general rule of thumb is that the driver in the through-lane has the right of way and it is the driver who was backing out who is responsible. However, as both cars are moving, both drivers may be contributorily negligent and at fault. There may be instances where the driver in the parking lot has backed out enough to gain the right of way.
- Two drivers back out of parking lots and into each other
As both cars are moving and neither driver has the right of way, both drivers will most likely be considered at fault.
- Two cars collide when going for the same car space
Although both cars are moving, the driver that turned rightward into the car space has the right of way as the other driver would have had to turn into oncoming traffic.
When trying to figure out whose fault it is in a three-way collision, focus on the extent of contribution to the accident of each driver. The leading car usually bears the least responsibility compared to the end car, but it isn’t always the case where reckless driving may be involved.
You will have to look in the perspective of the rear-end collision car to determine fault of the car in the middle. The end car is expected to keep sufficient space between them and the car in front, however, partial responsibility may be placed where the car in front negligently contributed to the accident such as by slamming the brakes without caution. The driver in the front will most likely be able to claim damages from both the middle and end car.
Remember that when trying to assess whose fault it is in a car accident, be sure to consider who’s right of way it is and whether there was any contribution of negligence by any of the drivers involved in the accident.
Article provided by Sheen Group