Who’s At Fault: 12 Common Types of Traffic Accidents

In part two of our series on determining fault, we look at some common types of car accidents and why the person who seems to be at fault may not be.

Unfortunately, traffic accidents are common occurrences on our roads. Understanding who is at fault and what points lead to an accident is crucial for anyone involved. Indeed, determining fault or negligence can significantly impact the outcome of insurance claims and legal proceedings. This guide will delve into the most common types of collisions, how fault is typically determined, the damages that can be recovered, and the steps to take after an accident. Additionally, we’ll explore how a traffic accident lawyer can assist you through the process.

12 Common Types of Traffic Accidents

1. Rear-End Collisions

One of the most frequent types of road accidents is the rear-end collision. Typically, the driver who hits another from behind is considered at fault. This is because drivers must maintain a safe following distance and be prepared to stop suddenly if necessary. However, there are exceptions. For instance, if the front driver stopped abruptly without a valid reason or had malfunctioning brake lights, they could share some fault.

In some cases, however, the lead driver may be the responsible party, such as when:

• Failing to use turn signals
• Suddenly reversing direction
• Having defective brake lights
• Failing to yield the right of way
• Forgetting the car was in reverse 
• Pulling out directly in front of another vehicle

2. Side-Impact Collisions

Also known as T-bone accidents, side-impact collisions often occur at intersections. Fault is usually a term for drivers who violate traffic laws, such as running a red light or failing to yield the right of way. These accidents can be particularly dangerous due to the lack of substantial protection on the sides of most vehicles, often resulting in severe injuries.

3. Head-On Collisions

Head-on collisions are among the most severe road accidents. The fault usually lies with the driver who drives on the wrong side of the road or loses control of the vehicle. Factors like distracted driving, drowsy driving, or driving under the influence often play a significant role in these accidents, and determining fault involves a thorough investigation of these elements.

4. Single-Vehicle Accidents

In single-vehicle crashes, the driver of the vehicle is typically at fault. This type of at fault accident can occur due to various points, including speeding, distracted driving, or adverse weather conditions. However, external factors such as poor road conditions or animal crossings can also contribute, sometimes shifting some liability away from the driver.

5. Multi-Vehicle Pile-Ups

Determining fault in multi-vehicle pile-ups can be complex, as multiple drivers may share responsibility. Investigations typically look at the sequence of events to determine each driver’s level of fault. Chain reactions are common in these scenarios, and establishing who initiated the accident can be challenging but crucial for insurance claims and liability.

6. Parking Lot Accidents

Parking lot accidents, though typically minor, are quite common. Fault in these accidents tends to depend on the rules of the road that apply to the parking lot, such as right of way and yielding. For example, if a driver backs out of a parking space into an oncoming vehicle, they are usually at fault.

7. Bicycle and Pedestrian Accidents

Accidents involving bicycles or pedestrians can be particularly complex when determining fault. Drivers often face a presumption of fault due to their greater responsibility for the safe operation of a motor vehicle. However, they might share some liability if the pedestrian or cyclist violated traffic laws, such as jaywalking or ignoring traffic signals.

8. Rollover Accidents

Rollover accidents are particularly dangerous and often result in severe injuries or fatalities. These accidents typically occur when a vehicle makes a sharp turn at high speed, hits an obstacle, or is struck by another vehicle. SUVs and trucks, with their higher centers of gravity, are more prone to rollovers. Rollover accidents can be the fault of the driver, especially if the driver is speeding or driving recklessly. However, poor road conditions or vehicle defects can also contribute, potentially shifting some liability to other parties.

9. Hit-and-Run Accidents

Hit-and-run accidents involve a driver leaving the scene after causing an accident. These are not only traffic violations but also criminal offenses. Determining fault in these cases can be easy if you can identify the hit-and-run driver, as they are usually at fault for fleeing. However, identifying the perpetrator can be challenging, necessitating thorough investigations and sometimes relying on witness statements and surveillance footage.

10. Accidents Involving Public Transportation

Accidents involving buses, trains, or other forms of public transportation present unique challenges. Fault can be attributed to the public transportation driver, other motorists, or even the transportation agency. These cases often involve multiple victims and can lead to significant legal complexities, especially when government entities are involved.

11. Commercial Vehicle Accidents

Due to their size and weight, commercial vehicle accidents, such as trucks or delivery vans, often involve more severe damage and injuries. Determining fault can involve assessing the driver’s actions, vehicle maintenance records, and compliance with industry regulations. The trucking company or employer may sometimes share liability for failing to ensure proper vehicle maintenance or adequate driver training.

12. Motorcycle Accidents

Motorcycle accidents often result in severe injuries due to the lack of protection for riders. Fault in these accidents can be due to the motorcyclist’s actions or the negligence of other drivers. Common causes include speeding, lane splitting, and failure of other drivers to see the motorcyclist.

The Importance of Proper Documentation

Proper documentation is crucial when it comes to road accidents. The evidence points gathered immediately following an accident can significantly determine who is at fault and the outcome of any legal claims. Here’s why documentation is essential and what should be included:

1. Photographic Evidence: Taking photos of the accident scene, vehicle damages, road conditions, traffic signs, and any visible injuries can provide a clear and objective record of what occurred. Photos should be taken from multiple angles and distances to capture the full context.
2. Witness Statements: Obtaining their contact information and statements can be invaluable if there are any witnesses to the accident. As a result, witnesses can provide an unbiased account of the events leading up to the accident, which can help corroborate your version of events.
3. Police Reports: A police report can be a critical piece of evidence. It typically includes the officer’s observations, statements from involved parties and witnesses, and any citations issued. This report can provide a detailed and official record of the incident.
4. Medical Records: If you are injured, seeking medical attention immediately is crucial. Medical records documenting your injuries and treatment can substantiate your claims for damages and provide a timeline of your physical condition following the accident.
5. Maintenance Records: For accidents involving commercial vehicles, maintenance records can reveal whether the vehicle was properly maintained or if negligence on the part of the company contributed to the accident.

How Fault or Negligence is Determined

Fault or negligence in road accidents is determined through various means, including:

• Police Reports: Law enforcement officers at the scene document their observations and may cite one or more drivers for violations. These reports are often pivotal in determining fault.
• Eyewitness Testimonies: Statements from individuals who witnessed the accident can provide valuable insights into what happened. Their accounts can corroborate other evidence or provide new information.
• Traffic Laws: Violating traffic laws, such as speeding, running a red light, or failing to yield, often establishes fault. These laws provide a clear framework for determining negligence.
• Accident Reconstruction: Experts may reconstruct the accident to determine the sequence of events and each driver’s actions. This can involve analyzing skid marks, vehicle damage, and other physical evidence.
• Surveillance Footage: Cameras at intersections, businesses, or even dashcams can offer crucial evidence in determining fault. These recordings can show the accident, providing clear and unbiased information.
• Vehicle Damage Analysis: The location points and extent of vehicle damage can explain how the accident occurred and who may be at fault. For example, damage to the rear of one vehicle and the front of another typically indicates a rear-end collision.

What Damages Can Be Recovered

Victims of road accidents may recover various damages, including:

• Medical Expenses: These are the costs of immediate and ongoing medical treatment. This includes hospital bills, physical therapy, and any necessary medical equipment.
• Lost Wages: Compensation for time missed from work due to injuries. If the injuries result in long-term disability, compensation for future lost income may also be available.
• Property Damage: Reimbursement for damage to vehicles and other property. This can cover repairs or the fair market value of a totaled vehicle.
• Pain and Suffering: Compensation for physical pain and emotional distress. However, this is often more subjective and can vary widely depending on the severity of the injuries.
• Punitive Damages: In cases of gross negligence or intentional misconduct, additional damages may be awarded to punish the at-fault driver. These are less common but can be significant in cases of extreme recklessness.
• Loss of Consortium: Compensation for the negative impact on relationships with spouses or family members due to the injuries sustained.
• Emotional Distress: Damages for the psychological impact of the accident, including anxiety, depression, and post-traumatic stress disorder (PTSD).

Steps to Take After a Traffic Accident

Taking the right steps immediately after a traffic accident can protect your rights and improve your chances of a successful claim. A crash car victim would need to make sure they address the following at fault accident points:

1. Ensure Safety: Move to a safe location and check for injuries. If it’s safe to do so, move vehicles out of traffic.
2. Call the Police: Report the accident to law enforcement. A police report will be critical in determining fault and filing claims.
3. Exchange Information: Obtain contact and insurance information from all involved parties. This should include names, addresses, phone numbers, driver’s licenses, and insurance details.
4. Document the Scene: Take photos and note details of the accident scene. So, it’s important to capture vehicle damage, road conditions, traffic signals, and visible injuries.
5. Seek Medical Attention: Get a medical evaluation, even if injuries seem minor. Some injuries may not be immediately apparent but can worsen over time.
6. Notify Your Insurance Company: Report the accident to your insurer promptly. Provide them with all relevant details and cooperate with their investigation.
7. Consult a Personal Injury Lawyer: Seek legal advice to understand your rights and options. A lawyer can guide you through the process and help ensure you receive fair compensation.

How a Traffic Accident Lawyer Can Help

A personal injury lawyer can provide invaluable assistance in several ways:

• Legal Representation: Advocating on your behalf in negotiations or court. They can ensure your interests are protected and you receive a fair settlement.
• Evidence Collection: Gathering and preserving crucial evidence to support your claim. This can include obtaining police reports, medical records, and expert testimonies.
• Negotiation: Handling communications with insurance companies to ensure fair compensation. Lawyers have the negotiating skills to counter lowball offers and fight for your rights.
• Expert Guidance: Providing advice on legal procedures and your rights. They can help you understand the legal process and what to expect at each stage.
• Case Management: Manage all aspects of your case, from paperwork to court appearances, so you can focus on recovery.
• Contingency Fees: Many collision attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This can make legal representation more accessible.

The Role of a Collision Attorney in California

A collision lawyer can be especially beneficial if you find yourself in a traffic accident in California. California’s traffic laws and insurance regulations can be complex, and navigating them without professional help can be daunting. Therefore, lawyers familiar with traffic accident California laws can ensure you meet all legal requirements and deadlines, enhancing your chances of a successful claim.

Statistics on Road Accidents

Understanding the prevalence and impact of road accidents can underscore the importance of safety measures and legal recourse:

• According to the National Highway Traffic Safety Administration (NHTSA), there were approximately 6.7 million traffic crashes in the United States in 2020.
• In 2019, there were 36,096 fatalities in motor vehicle crashes in the United States, according to the NHTSA.
• California, known for its high traffic density, reported many accidents, highlighting the need for vigilance and legal preparedness. In 2019, according to the California Office of Traffic Safety, California saw over 3,600 traffic fatalities.
• Data from the Insurance Institute for Highway Safety (IIHS) shows that passenger vehicle occupants accounted for 62% of traffic fatalities in 2019.
• The Centers for Disease Control and Prevention (CDC) reports that motor vehicle crashes are a leading cause of death among those aged 1-54 in the United States, underscoring the broad impact of road accidents.
• The Federal Highway Administration (FHWA) notes that intersections are common sites for road accidents, with nearly 50% of all urban crashes occurring at intersections.
• Also, additional data from the National Safety Council (NSC) indicates that distracted driving is a major factor in road accidents, contributing to thousands of fatalities and injuries each year.
• Another key statistic from the NHTSA reveals that approximately 94% of serious crashes are due to human error, underscoring the critical role of responsible driving.

Frequently Asked Questions

How Is Fault Determined in a Traffic Accident?

Police reports, eyewitness testimony, traffic laws, and accident reconstruction are the usual means of determining fault. Insurance companies and courts use this evidence to establish liability.

What Should I Do if I’m Involved in a Traffic Accident?

Ensure safety, call the police, exchange information, document the scene, seek medical attention, notify your insurance company, and consult a collision attorney.

Can I Recover Damages if I Was Partially at Fault for the Accident?

Yes, California follows a comparative negligence rule, meaning you can recover damages even if you were partially at fault. However, your compensation will drop based on your percentage of fault.

How Long Do I Have to File a Claim After a Traffic Accident in California?

California’s statute of limitations for filing a personal injury claim is typically two years from the accident date. For property damage claims, the deadline is usually three years.

What Types of Compensation Can I Receive After a Traffic Accident?

You can recover medical expenses, lost wages, property damage, pain and suffering, and sometimes punitive damages.

Do I Need a Lawyer for Every Traffic Accident?

While not every traffic accident requires legal representation, consulting a lawyer is advisable if there are significant injuries, disputes over fault, or you believe the insurance company is not offering you fair compensation.

You’ve Had an Accident – What’s Next?

Determining fault in a car accident can be complex. There are many exceptions to the rules, and a lot will depend on the unique circumstances of each case. 

If another driver’s negligence has injured you or a loved one, you should immediately contact a specialist accident attorney. 

Moreover, they can advise you on how best to defend your case and maximize your insurance payout. Remember, you may be able to recover even if you’re more than 50% at fault. 

Get Help From a Traffic Accident Lawyer Today!

Road accidents can be overwhelming and complex, especially when determining fault and recovering damages. Accordingly, understanding the common types of accidents, the determination of fault, and the steps to take after an accident can help you better navigate the aftermath of an accident. Consulting a collision attorney can provide the support and expertise to protect your rights and receive fair compensation.

Don’t hesitate to seek legal assistance if you or a loved one suffered injuries in a traffic accident. Contact us at (800) 310-1606 for a consultation, and let our experienced collision attorney help you through this challenging time.