There are many common auto accident misconceptions when it comes to determining who is at fault. Let’s explore some of the more common scenarios that happen in real life – you may be surprised at the answers.
Many of us may be accustomed to seeing daytime TV commercials about why it’s so important to contact an attorney when involved and injured in an accident, especially those with motor vehicles. It doesn’t matter the mode of transportation from cars to motorcycles to RV’s, boats, and off-road vehicles, drivers still need the representation of a qualified attorney in the aftermath of most forms of motor vehicle accidents.
By definition, the term motor vehicle accident often means:
● An unfortunate event resulting from carelessness or ignorance that resulted in an accident,
● An unexpected medical event, for example a seizure or heart attack, that caused an accident,
● An unplanned event like black ice or hydroplaning that leads to loss or injury, or
● The illicit use of drug or alcohol while operating some type of motor vehicle causing injury to the other driver.
Confused? You should be!
This is the exact reason why attorneys study for many years to obtain their legal degrees to fully understand all the difficult matters of the law when it comes to accidents. It’s important to note here that “at fault” isn’t highlighted in these definitions of an “accident.” That’s for a judge and jury need to determine. That’s also when lawyers are so important in fighting for your rights, provide the best legal defense, and get everything you’re entitled to as a result of these unfortunate incidents.
Common Auto Accident Misconceptions – Turning Left, Reverse, and Tailgating — Am I Always to Blame?
Now that you understand common types of accidents let’s look at some of the common activities where these accidents occur and the common auto accident misconceptions associated with each.
The top three are:
- If a driver is turning left – it’s always their fault, right?
- When the operator of a motor vehicle is going in reverse, the accident is always blamed on them in every case, correct?
- Tailgating, it’s likely the tailgaters fault, no doubt?
If you are an experienced driver, the list above, is something that you were not only taught in driver’s training but likely reinforced over the years, by friends, family and everyone’s favorite backseat driver. However, in each case when it comes to assessing blame or fault in each accident it will depend on the specifics of the accident and no hard and fast rule applies.
● Making a Left-Hand Turn: What if a driver is making a legal left-hand turn and a speeding motorist runs a red light and strikes them?
● Traveling in Reverse: Obviously, if a motorist is backing up and strikes a mobile or stationary vehicle they’re usually at fault. But what if they’re going in reverse and are hit by a vehicle speeding or otherwise breaking the law? Running a red light by the other motorist involved also comes to mind with this illegality.
● Tailgating: Let’s say you’re behind a vehicle sitting at a red light waiting to make a left-hand turn at an intersection. What if the car in front of you makes an illegal U-turn, suddenly slows or stops at the said traffic light and causes a pile-up as the other cars are moving forward — who’s to blame? Were you or the other vehicles “tailgating” or was the driver making an illegal turn at fault?
Here’s another sneaky approach worthy of mentioning that sometimes happens with neighbors, those in the delivery, or service industries. For argument’s sake, let’s say you’re getting into a car parked in your own driveway preparing to leave for work, running errands, taking the kids to school, or whatever. After fastening your seatbelt, checking your rear-view mirrors, and taking all the necessary safety precautions, you put your car into reverse and begin to pull out into the street.
Suddenly out of nowhere, a vehicle speeds into this spot behind you without your knowledge blocking your driveway. You didn’t notice this violation of your space and strike the vehicle while driving in reverse. Or in this case, who hit who? Are you responsible for this accident by driving backward or is the car or truck aggressively blocking your driveway at fault for trespassing and breaking the law by speeding and illegally parking?
These instances are highly effective defenses and should be considered in a court of law. Insurance companies offering minimal remunerations often don’t consider these unique circumstances before writing a tiny check for major damages, repairs, replacements, and injuries. These are many other instances when some insurance companies go after drivers for cases when they’re not actually at fault.
Common Auto Accident Misconceptions – Get All Your Important Questions Answered
Do you honestly, truly believe you were at fault during a collision or think the other driver was to blame? Do you deserve compensation for an accident resulting in property damage or resulting injuries? Even if this unexpected event didn’t cause any injuries, are you still entitled to monetary measures to compensate you for lost time at work or other damages? Was there a police report filed? How do you get access to it? Even if there wasn’t a police report taken at the scene, is this a deal-breaker? Experience matters, seek out the advice of an experienced car accident lawyer.
Let us answer all of these vital questions for you and more importantly with you. Please contact us today for a no-cost, stress-free consultation. We won’t pressure you into making this important decision or even filing a case unless that’s how you want to proceed. Most importantly, don’t let the insurance companies bully you or push you into an unfair settlement. Protect yourself and your family with us behind you all the way. We’ve got your back and look forward to hearing from you.