Traffic Offenses and Accident Liability: What to Know

Posted on: 13 May 2021


When it comes to car accidents, fault, or liability is of prime importance. Fault is often clear after an accident but not always. When fault is in question, accident victims need all the help they can get. Read on and find out what it takes to prove fault and how the other driver's actions can influence things.

Why Is Fault Such a Big Issue?

It only makes sense that the driver that causes the accident is also the one responsible for paying the damages for both sides. When speaking of damages, that includes these common auto accident losses:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Lost or damaged personal property
  • Future medical expenses (in some cases)

In some states, if fault is divided between the two parties, it's by a percentage and the money damages are divided accordingly. However, in some states, if you are found to be at fault by even 10%, you cannot be paid anything by the other driver. It all comes down to compensation and it's worth every effort to ensure that the other driver is held 100% responsible for the accident.

How Fault Is Determined

Liability is determined using several factors. The responding officer will review evidence at the scene, speak to witnesses and drivers, and make an initial call about what happened and who caused the wreck. Skid marks and the location of the damage on the vehicles can reveal a lot. In some cases, video is available of the accident. Law enforcement officers may also issue traffic tickets to the other driver on the spot for violations like reckless driving and other offenses. In addition, drivers can be arrested at the scene if they are suspected of being under the influence, have an arrest warrant, were involved in the commission of a crime before the accident occurred, or for other reasons.

How Violations Affect Liability

In most cases, being ticketed means the officer is aware of wrong-doing by the other driver and that can strengthen your case if fault is in dispute. Bad driving often results in accidents. Speak to a personal injury lawyer about your case and be sure to tell your lawyer that you think the other driver was ticketed or even arrested. Knowing this information can mean the difference in thousands of dollars in compensation. If you need help with your case, speak to an accident attorney to find out more.