If you were injured in a car accident, you will first need to prove the other driver caused the crash. In many cases, this may not be clear cut. However, in certain types of accidents, the legal theory of predetermined fault—also known as predetermined negligence—could make establishing the other motorist’s liability much easier. In these cases, you may not even need to file a lawsuit to obtain the compensation you could be entitled to.
The Types of Accidents Where Predetermined Fault Could Make Proving Fault Easy
In a predetermined fault case, the other driver was so obviously negligent that his insurance company and his attorney will most likely consider arguing about his liability a waste of time. This occurs in these types of crashes:
- Rear-end collisions. A driver is required to maintain a safe distance between his vehicle and the one in front of him to ensure he has adequate time to slow down or stop when necessary. The standard is that the driver should maintain a distance of one car length for every 10 miles per hour of speed or a distance so he has two seconds to stop if necessary. In most rear-end collisions, the driver was not maintaining a safe distance, and it is impossible for him to prove otherwise.
- Left-turn collisions. Before turning left, a driver must be certain he has a protected green arrow giving him right of way or that all oncoming vehicles travelling in the opposite direction have passed through the intersection. If he turns into the path of another vehicle, he will most likely automatically be considered at fault.
Even if your accident was a rear-end collision or a left turn accident, you will still need an experienced car accident attorney to help you negotiate with the other driver and his insurance company. They could still raise many arguments as to the amount of compensation you are entitled to. Call our experienced legal team today at 866-299-0558 to schedule a free, no-obligation consultation to learn how we can assist you.