Does It Matter How My Vehicle Was Impacted?
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After an accident, there is only one thing that determines whether your damages will be fully covered: whether or not you are liable. The definition of liability is “the state of being responsible for something, especially by law.” Essentially, it’s a fancy way of saying responsibility, specifically, who is responsible for an accident and their obligation to pay for the damages caused by their negligence. Being held liable is the difference between fully covering your damages and being on the hook for your losses, which you will mostly have to pay out of pocket.
Our network of lawyers constantly gets questions from their clients, asking whether the area their vehicle was impacted affects their liability. More specifically, do some kinds of accidents expose you to more legal liability than others. We have outlined the most common types of accidents to address these general concerns and how liability is typically determined in each situation. However, it should be noted that liability is something that an insurance company can deny, even if the reporting officer determines that their driver was at fault; that is why getting an experienced attorney is your best medium to get your damages covered.
Rear-End Collision
In most cases, the driver who rear-ended the other will be at fault due to Florida law requiring drivers to maintain a reasonable distance.
Florida Statute 316.0895(1): the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.
This means that most rear-end collisions are open and shut, as the following driver should have taken the proper precautions to avoid the accident by maintaining a reasonable distance. However, there are some instances where there was no feasible way to stop in time; this could be because the leading driver abruptly stopped or cut off the following driver recklessly.
It is hard to prove that the other driver was at fault, even if you have a dashcam. According to Cobra, a widely known manufacturer of high-quality dashcams, dashcam footage can be inadmissible if it cannot be authenticated or the quality is not up to the standard required by the court. That is why it is essential to get a lawyer because they can help strengthen your argument and help absolve you of liability, especially in a delicate situation like a rear-end collision. We can connect you to lawyers now.
T-Bone Collision
When a vehicle impacts the side of another car, a T-Bone collision occurs. The name comes from the fact that the final resting place, the way the vehicles ended up after the accident, resembles a T-bone steak. Most times, the fault in these cases is split evenly between the two drivers. The reason is that it’s tough to determine liability in this situation because most of the time, they happen at four-way intersections. Although it may seem open and shut, you could prove who is truly liable if you have evidence.
As stated above, you could have dash cam footage, but it has its setbacks; the other evidence can be from witnesses, either bystanders or passengers in your vehicle, who could help set the record straight. However, it’s not a constant to have passengers with you, and the chances of a witness who has the time to stay and make a statement are also rare. That is why if you feel that the other driver was liable, whether you got hit or couldn’t stop in time to avoid hitting the other driver, you should seek an experienced attorney who can help you recuperate all of your losses, call now for a free consultation.
Front-End Collision
Front-end collisions occur when two vehicles front-end each other. These types of accidents can have varied outcomes because sometimes, it is easy to determine who was at fault simply by observing the final resting position of the vehicles. However, the nature of these accidents and when they occur can make liability hard to determine, especially if the cars are moved from that final resting position. That is why you should not move your vehicle from the final resting position if you can safely remain in that position.
Sometimes these accidents won’t be assigned a liability by the reporting officer, which means the insurance companies will decide if they should accept responsibility for the accident. If you do not have a lawyer, they can deny liability, and you will not have any other option. However, an attorney has the power to take them to court, where the incident will be laid out before a judge, who will then decide who is truly at fault. We can connect you to attorneys now, that will do everything to get you compensated for your damages.
Backing Out Collision
Determining liability can be tricky if you were backing out for any reason and were impacted by a negligent vehicle. It does not matter if you were backing out of a parking space or out of your home’s driveway; proving your innocence in this situation is complex. Both vehicles will be held equally responsible for the accident in most cases.
However, if you have evidence to the contrary, you can try to prove that you were not reasonably at fault; that is, you took every precaution and still got into an accident due to someone else’s negligence. Evidence to the contrary can be footage from a video dashcam, but as mentioned above, that is not always a surefire way to protect yourself. The other evidence is a passenger but having passengers with you is not always a constant. That is why, if you have been in an accident while backing up and feel you were not liable, you should seek assistance from an attorney now who will help hold the responsible parties accountable for their negligent actions.
Sideswipe Collision
A sideswipe collision occurs when two vehicles are involved in an accident where only the sides of their vehicles are impacted. These accidents are complicated to determine who’s at fault when the cars are moved from their final resting position. However, if they remain in the final resting position, it is straightforward to determine who is at fault because these accidents usually happen due to improper lane changes. Suppose you are involved in a sideswipe collision. In that case, it’s best to get a lawyer because law enforcement often fails to determine liability for these accidents. The burden is on you to prove to the insurance company that the accident was not your fault. However, a good lawyer makes this easy for you because it’s their job to assemble the proof, present it to the insurance company, and, if need be, to a judge if it gets to the point of litigation. We can connect you to lawyers with the experience necessary to get you compensated.
Best Option
If you are in a situation where you feel you were not responsible for the accident but might be held liable, then the best thing you can do is seek legal advice and possibly hire an attorney. Liability can be as simple as one line in a police report stating who was at fault to as complicated as having to prove to various parties what happened at the scene of the accident and why it was not your fault. If you are experiencing the latter, it might be time to pick up the phone and call one of our representatives for a free consultation.