The National Highway Traffic Safety Administration (NHTSA) recently released its analysis of fatal car accidents that occurred in 2016. According to the report, 37,461 people died in vehicular collisions last year, a 5.6 percent increase from 2015. The agency’s report also outlined the major causes of these accidents. Three stood out: lack of seatbelts, intoxication and speeding, each accounting for over 10,000 deaths. It’s also worth highlighting the fact that 6,000 pedestrians perished in car crashes. That’s a 9 percent increase relative to 2015 and the highest number of pedestrian deaths since 1990.
From Causes to Fault
Of course, there are a slew of other possible causes that should be taken into consideration when getting behind the wheel. All forms of distraction, for instance, should be avoided at all costs. In 2016, distractions accounted for 3,450 fatalities.
This should come as no surprise. Many of us are guilty of using our phones while driving. According to a recent study, drivers use their phones on 88 percent of their daily expeditions. Phones aren’t the only problem. Navigation systems, built in to the vehicle, are also cause for concern.
The NHTSA data and traffic-safety studies are helpful for identifying problems and preventing further injury. The cause of an accident, however, does not always indicate the party at fault.
Rear-End Collisions
Different contexts require different analyses. For instance, when it comes to rear-end collisions, responsibility is often placed squarely on the shoulders of the rear driver. In most cases, this is entirely justifiable, but there are circumstances where the rear driver should not be liable for injuries. For instance, if the front driver makes sudden moves, such as stopping immediately without warning or changing lanes and cutting off the rear driver, then the front driver might be held at least partially responsible for the collision. Similarly, a third party might be the culprit, having forced the rear driver to hit the front car.
Each state has its own way of dealing with rear-end collisions. In Florida, for instance, there is a presumption of guilt for the rear driver, but that driver may present evidence to argue against the charges. Evidence might include: witness statements, video footage and other photo documentation.
Changing Lanes
Similarly, the merging vehicle is often seen as the guilty party in lane change accidents. In many cases, this is true: the driver fails to signal properly or doesn’t check to make sure the lane is clear before merging, and bam, an accident happens. That’s generally the narrative. But sometimes the driver in the receiving lane is speeding or fails to turn on his headlights. Sometimes drivers might even purposefully block the merging car from entering the lane. In these situations, the car in the receiving lane would likely be at-fault, or at least partially at fault for the collision.
Fault and No-Fault States
Determining who is liable will also depend on the state in which you live. Many states employ “fault” laws, but some states use no-fault statutes. In no-fault states, insurance companies are required to pay for damages regardless of who’s responsible for the accident. So whereas fault states require the insurance company of the liable party to pay for all damages, no-fault states require both parties’ insurance companies to cover the costs. That’s at least the general idea. There are limitations and exceptions to these basic rules. For instance, there is often a maximum amount of money an insurance company is expected to cover in no-fault states.
Figuring out who’s to blame for a car accident often requires pinpointing the negligent driver. Negligence comes in a variety of forms. A person might be using their phone, they might be eating breakfast, putting on makeup, driving under the influence or they might even be extremely drowsy. In fact, the latter is not much different than intoxication when it comes to behavioral effects.
Figuring out which driver was negligent, or which driver acted irresponsibly, can be quite difficult, often requiring the aid of an accident reconstruction expert. For this reason, it’s helpful to consult a skilled attorney with experience in automobile accident claims.
