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4 Cases In Which Auto Accident Liability Is Almost Automatic

28 June 2019

Cassandra Stone

Determining who is liable for an auto accident is a big part of auto accident investigations. Motorists and their insurance carriers usually go to great lengths to avoid liability. As an accident victim, however, you must prove liability to get your damages. Although this might be difficult in some cases, there are situations where liability determination is almost automatic. Below are some of these situations.

1. Hitting a Parked Car

In an accident between one moving and one parked car, the driver of the moving car is almost always at fault. Assuming the parked car is correctly and legally parked, the moving car will be responsible for the crash. For example, if a driver misjudges the distance between them and a parked car and ends up hitting the car, the driver will have to pay for the damages.

2. Driving the Wrong Way

Wrong-way accidents cause severe injuries and damages because the crashes often happen at high speeds. In many of these cases, both drivers are unaware of the wrong-way driving until the last minute when it is too late to do anything. Someone might drive the wrong way if they are intoxicated, distracted, or driving in an unfamiliar area. In almost all these cases, the wrong-way driver is the one who will have to settle the damages.

3. Rear-Ending another Car

A rear end accident is one of the most common examples of near-automatic liability for a car accident. Every motorist should keep a safe distance from the car in front. The exact distance depends on the prevailing circumstances such as the nature of the road and visibility issues. However, a driver should be able to stop in time if the car in front has to suddenly stop.

Thus, if a driver crashes into your car's from behind, the driver is almost certainly liable for the crash since it means they weren't keeping a safe distance. There are only a few exceptions where the car in front might be on the hook for a rear end accident (for example, if the car in front reverses without warning).

4. Improper Passing

Improper passing is when a driver overtakes another automobile in a manner that endangers other road users such as oncoming traffic. For example, while driving on a two-lane road, a driver must ensure adequate distance from oncoming cars before overtaking another car.

Note that there may be a few exceptions to the above situations that may make other people liable for an accident. Consult an auto accident attorney to help you with the situation you may be dealing with.

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