There are many factors that go into determining who the liable party is in an automobile accident. For example, one car can seriously sideswipe another car if the second car suddenly cut in front of him. However, this may not be the second car’s fault. It is possible that the first car could have been speeding or was in the wrong lane. It could also be possible that the driver of the first car was under the influence of drugs or alcohol. The final decision as to who is legally responsible for injuries or damage in car accidents is mostly dependent on motor vehicle statutes rather than the traditional definition of fault.
The automobile insurance agency has lobbied several states to base car accident liability more on motor vehicle statutes than traditional ideas of fault. This was done to make it easier for insurers to challenge liability when a party to an accident has violated a traffic law. Liability insurance is a requirement in all states so if you are injured in an accident and you do not have insurance, you still may not be able to collect damages if the other driver was negligent or partially negligent for the accident.
