A car accident happens and the aftermath is anything but simple. There are many steps to take, but one of the most important ones is determining who caused the accident. And that may not be your priority right away, but if you’re not seriously injured, it’s absolutely essential that you handle the legal side of things as soon as possible.
Why? Simple – because the question of who’s at fault can have a big impact on insurance claims and deciding whether or not you get compensated. The laws are different across states; some of them say that the driver who was responsible has to pay for damages, others say both the driver and the victim have to use their insurance because they apply the no-fault system.
Whatever the case, if you’re a driver, you have to know the basics of these laws, and in this article, we’ll break them all down.
Fault Laws Across the US
Fault laws in the US fall under 3 main categories – fault-based systems, no-fault systems, and contributory negligence. But some states have adopted the comparative fault rules, which many argue is the most fair system of all.
Let’s look at all of them closer.
1. Fault-Based Systems
Simply out, the driver that caused the accident is the one liable, and the driver’s insurance covers all damages done to the other party. Usually, the insurance will cover the cost, but the victim can sue for extra compensation if they need to.
Texas is one of the states that has a fault-based system and they use a modified comparative fault rule. In Texas, a driver who caused the accident can be held liable, but claimants have to prove that they were less than 51% responsible if they hope to recover damages. This is a system that heavily relies on clear evidence to prove who’s responsible, which often results in disputes over liability.
2. No-Fault Systems
This type of system requires each driver to use their own insurance to cover damages, regardless of who caused the accident. Florida and Michigan, for example, have no-fault systems. They process claims faster and avoid lawsuits.
However, that doesn’t mean that the victim of a car accident can’t sue the other driver if they were seriously injured or the accident caused a major financial loss. The problem is that, while this system makes small claims a lot simpler, it can leave victims undercompensated for serious accidents.
3. Contributory Negligence
This is by far the strictest of the fault systems. With contributory negligence, if a driver is even 1% responsible for the accident, they can’t get any compensation. Examples of states that use this system are North Carolina and Alabama. It’s extremely hard for victims to receive damages under this law because it strongly favors defendants and needs victims to prove that they had absolutely 0 fault, even if it’s a minor case.
Comparative Fault in Action
Comparative fault laws differ by state, and when you examine and understand how they work, it becomes obvious what an impact they have on accident claims.
1. Pure Comparative Fault
An example of a state that follows a pure comparative fault system is California. There, claimants can recover damages even if the accident is mostly their fault. For instance, you can be 80% responsible for the crash and still get 20% of the total damages. This approach always gives victims the chance to get compensated, but the problem is that payouts can be significantly reduced for the victims.
If you’re in California and you happen to be the victim of a car crash, you’ll need a lot of evidence to minimize your fault percentage.
2. Modified Comparative Fault – the 51% Rule
In this case, you can only get damages if your fault is less than 51%. If not, you don’t get compensated at all.
For example, if you have $10,000 in damages but you’re found to be 51% guilty, you can’t get anything. Fault percentage is key here and victims usually need a really good lawyer to keep their fault percentage below the threshold.
3. Modified Comparative Fault – the 50% Rule
This system is similar to the previous one, but instead of 51%, the threshold is 50%. This means that you can recover damages if your fault is 50% or less and Tennessee is one of the states that apply this rule.
For example, a driver speeds through an intersection while another one runs a red light; the courts might say that both of them have 50% of the fault and they can both get damages. However, if the fault is 51% or more, there’s no compensation.
This system is not without faults and it’s especially challenging in busy cities like Nashville. So, if your accident happens to occur there, you’ll need a good Nashville car accident lawyer to help you gather all evidence and negotiate a fair settlement.
Conclusion
Whether you live in a state that has lenient systems or stricter ones, unless you can understand them, you can’t protect yourself in the case of an accident. Of course, nobody recommends that you do this yourself because, most likely, it won’t end favorably for you.
If an accident happens, the best thing you can do is to hire a lawyer who has already dealt with car accident cases. These laws can be tricky to get around and you’ll need all the help you can get.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.