No Fault Vs At Fault Car Accidents

There are many consequences to being involved in a car accident. One of those consequences could involve the legal system. If you cause an accident, then you might be responsible for paying the involved party compensation. However, some states do not place blame on drivers. It’s important that you earn your state’s laws and that you understand at fault car accidents.

What Are At Fault Car Accidents?

When there is a car accident, it might seem easy to place blame on the other driver. There are many ways that you can do this. For example, the other driver could be intoxicated. As a result, the accident would be his fault. Perhaps the other driver made a left turn as you approached. If he timed the turn wrong and hit you, then he is at fault.

Although you might place blame on the other driver, your state might not. There are two different types of laws that states have regarding car accidents. First, there are at fault car accidents. If you live in a state with this type of law, then the driver who caused the car accident must pay damages for the accident. If he has insurance, then his insurance might pay for those damages.

Secondly, there are no fault laws. In no fault states, there is no need to prove that one driver caused the accident. You can get compensation for the accident without going to court.

The Benefits and Drawbacks

Living in an at fault state means that you need to prove culpability before you get compensation. While this can get you more compensation, it also takes more work. You need to show up in court and prove that the other driver is, in fact, responsible for the accident. Instead of getting an insurance payout immediately, you have to wait.

In no fault states, the state does not spend any money on frivolous court cases. You can get an insurance payout without a legal battle. However, you might get less compensation. Because there is no proof of fault, you might get less compensation than you deserve. While no fault states benefit the state, they could hurt you. Any long-term financial impact of your car accident could remain on your shoulders. For example, you might not be able to work because of a neck injury. Unless that injury is severe, you get no compensation for missed work. However, an at fault state would allow you to seek compensation.

Which States Are At Fault?

Most of the states in the US have at fault liability laws. Therefore, it is easier to consider which states rely on no fault liability. Here are some of the states that currently have no fault laws:

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

Keep in mind that your state could change its rules. To find out how your state treats car accidents, you should contact a lawyer. She can give you the most recent information of your state’s treatment of car accident cases.

In these no fault states, your insurance company should pay for your medical bills immediately. You need to have a certain level of personal injury insurance in these states. If you have any lingering pain after your accident, you cannot sue the other driver unless the accident has a severe impact. However, you might be able to get money for damage to your car.

Rhode Island’s Laws

In Rhode Island, there are at fault car accidents. Therefore, any car accident can result in a legal battle. If you feel that the other driver is to blame, then you can take him to court. Likewise, he can do the same to you. The outcome of the case depends on your situation. However, it also depends on the expertise of your lawyer.

In court, there are certain ways that fault is determined. For example, a judge needs to figure out the amount of blame that belongs to each driver. While you might take some of the blame, the other driver could take more blame. This would mean that you could be eligible for compensation.

The laws for determining fault vary by state.  You should speak to a lawyer to determine how you can determine fault in your car accident.

Getting Help

After your car accident, there are a few things that you should do. First, you might need medical attention. If not, then you should document the accident well. Finally, you should contact a lawyer for help and advice.

Often, people don’t even realize that they are eligible for compensation for an accident. After your accident, you should speak to a lawyer. He might be able to represent you in court and get you compensation. The sooner you call a lawyer, the sooner you might be able to get compensation for your injuries.