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Auto Accident Lawsuits: Use Predetermined Fault to Help Your Case...
In auto accident lawsuits where fault is predetermined, assigning
liability will be easy.
"Predetermined
Fault" means that the nature of the car collision
suggests, without a doubt, that one driver caused the accident through
negligence.
If this is the case in your injury claim, your case
will be much easier. The two main situations with predetermined fault
are rear-end and
left-turn collisions.
In
both of these circumstances there's a driver who's definitely at fault,
chances are the insurance adjuster won’t even argue. There's a ton of
precedent due to these types of car accidents being so common.
In these
types of accidents, a definite traffic rule has been
broken.
Rear End
Collisions:
In a rear end collision, the person at the rear is at
fault. There's almost no way for that driver to get out of it.
In every state, and pretty much anywhere you drive in the world, the
rules of driving say that you have to be a safe distance behind other
motorists.
Regardless of any other factors leading up to it, in
a rear end collision, the driver in the rear was unable to stop in time
to avoid the accident. Therefore, they
were driving too close.
Injury attorneys can argue that you slammed on your brakes too fast and
that there was
no reason for you to do so. But in auto accident lawsuits that really
doesn’t matter. The driver
should've been able to avoid you.
Now, don’t get too excited.
While there is undebatable liability on the part of that driver, there
are still ways they can reduce the compensation you receive.
A common
example is if your brake lights were broken. The other driver is still
at fault, but your own negligence in having broken brake lights will
likely lower the claim.
Left Turn
Collisions:
In a left
turn collision across oncoming lanes of traffic, the driver turning
left is the one who's negligent and caused the accident. A driver can’t turn left if the
oncoming lane
isn’t clear.
That’s a strict rule that can’t be broken. The car damage
sustained in these types of auto collisions makes it obvious that a
left turn was being made. Auto accident lawsuits like this should be
open and shut.
Again,
there are a few exceptions that can reduce the claim in a left
turn collision. If one driver was clearly speeding, then the driver
turning left can argue they couldn’t fairly judge the time they had to
turn.
Or perhaps the driver turning left saw something
unexpected, causing them to stop mid-intersection. Since no driver is
supposed to attempt a left turn until they are certain they can
complete it, this argument rarely works.
A final note on the
left turn collision: if the car that was driving straight actually
ran a red light, then the left turning vehicle may get off the hook.
In these auto accident lawsuits, the person running the red light is
more
negligent. Unfortunately, this is difficult to prove without
witnesses.
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