Before you conclude that you were at fault for a car accident, you must first understand two concepts. The first is negligence. While a driver may bear liability for either negligently or intentionally causing a crash, the vast majority of crashes arise from negligence.
Negligence happens when a driver fails to exercise reasonable care, and someone is injured as a result. This failure can result from breaking a traffic law. For example, running a red light breaches the duty of care.
A breach can also happen if a driver does something objectively dangerous, even if it is not necessarily illegal. Thus, you could violate the duty of care by reaching under your seat to retrieve your phone that fell on the floor while driving.
The second concept to know is comparative negligence. Comparative negligence means everyone who contributed to the cause of a crash will get assigned a portion of the blame. For example, suppose that you ran a red light, but the other driver did not see you coming because they were busy texting. You might bear 75% of the fault, with the other driver bearing 25%.
Five Steps To Take After Causing A Car Accident
You may be confused and disoriented after a crash. But your actions could have wide-ranging legal and medical effects. Keep on reading to learn what to do if you’re at fault in a car accident or explore this site to learn more.
1. Stop At The Accident Scene
You must stop at the accident scene and take the following steps:
- Assist anyone injured
- Exchange information with other drivers
- Contact the police
Depending on your situation, you might feel the temptation to leave without stopping. You might have been intoxicated when you hit the other vehicle. Your immigration status might have issues. You may even run because you have no insurance. But leaving the scene of an accident results in the abandonment of the people you injured.
Hit-and-run happens when you leave the scene of an accident.
2. Cooperate With The Police
Police officers will respond to the scene to assist injured victims, manage the accident scene, and investigate the crash. They will talk to all the drivers and their passengers. They will also gather evidence at the scene by interviewing witnesses and taking photos. If they suspect intoxication, they may conduct field sobriety or breath tests.
You should cooperate with the police as they investigate the crash. This does not mean you need to admit to any crimes. If you committed a crime, such as DUI, you should contact a lawyer and decline to talk to the police until your attorney arrives.
If you did not commit a crime, you should assist the officers in their crash investigation. When you speak to them:
- Do not lie
- Stick to the facts
- Remain respectful
Police officers will produce an accident report to summarize their findings. You want this report to include your version of the facts.
3. Seek Appropriate Medical Attention
Ask for an ambulance if you need emergency medical assistance at the accident scene. For any non-incapacitating injuries, like muscle or joint pain, plan a visit to your physician as soon as practical. A doctor will:
- Identify any hidden injuries, like a concussion
- Diagnose injuries and provide a treatment plan
- Create a record of when and how your injuries occurred
A diagnosis and treatment plan will help you recover from your injuries. And your medical records will help you support any insurance claims or counterclaims against the other drivers.
4. Gather Information At The Crash Scene
Get a few photos of the vehicles and the crash location. Try to get some pictures of the road as well. Skid marks and the location of broken parts can help an accident reconstruction expert determine what happened. Critically, an expert can determine whether you caused the crash alone or if the other driver also contributed to the crash cause.
5. Do Not Admit Fault
Do not post about the crash on your social media accounts, and do not admit fault while talking to anyone, including:
- Your passengers
- Other drivers
- Police officers
- Insurance companies
You are not a car accident attorney, and determining fault requires a negligence analysis. Resist expressing your opinion about causation or apologizing for what happened.
Stick to the facts when discussing the crash with insurers or police officers. Anything you say or write can make its way into a lawsuit against you for the injuries and property damage resulting from the crash. If you mistakenly admit fault, you might not get the chance to take those words back.
Protect Your Legal Interests
Your insurance company has a contractual duty to defend you. But you should consider talking to an injury lawyer. If you suffered any injuries and believe that both drivers caused the crash, you may have a defense against a claim against you and counterclaims against the other driver. A lawyer can help you protect your interests even if you are partially at fault for a crash.
