Three Cases In Which A Driver Is Presumed Liable For An Accident
Pursuing a car accident claim is difficult if you are presumed liable for the crash even before the investigations are complete. Unfortunately, there are some kinds of car accidents in which the driver is presumed to be liable. If you are such a driver, the onus is on you to prove the courts otherwise. Here are a few examples of such car accidents:
Hitting a Pedestrian
Some states presume you to be guilty if you hit a pedestrian. The reasoning is that every driver should be careful and invest in defensive driving techniques to avoid hitting vulnerable road users such as pedestrians and cyclists. If that's the case in your state, then you have the arduous task of convincing the court otherwise.
Fortunately, you can overturn the presumption of liability by proving that it was the pedestrian (or some other party) who was responsible for the accident. For example, a pedestrian who darts across the road when the light is green is liable for any accident their actions may cause. If you can produce witnesses or video footage (or other forms of accepted proof) of the incident, then you can succeed in shifting or sharing liability with the pedestrian. Speak with an auto accident attorney about finding and obtaining such evidence.
In most cases of single car accidents, it's the drivers who turn out to be at fault. Therefore, it shouldn't be surprising if you are presumed to be liable for your single car accident. This is because most single car accidents occur when the driver fails to do something or does something that causes a crash. For example, you may cause an accident if you get distracted by a pet on your lap, lose control of the car and hit a side rail.
Like in the case above, however, a presumption isn't a conviction. You just need to gather enough evidence to show that someone or something else caused the accident. after all, there are several cases in which a single car accident isn't caused by the driver. Here are a few examples of such cases:
- A manufacturer produces a car with defective brakes that end up causing an accident
- A sinkhole appears suddenly and crashes a car
- A mechanic repairs a car negligently, and the negligent repair causes an accident
Hitting A Car on Its Rear
Every motorist is expected to leave a reasonable space between their car and the car in front. This space should be enough for you to stop your car in case the driver in front of you brakes suddenly or develops a fault that interferes with its speed. This is why you are presumed to be guilty if you hit a car on its rear. You will have to convince the court that there was another party or thing that caused the accident, and you couldn't have avoided it. For example, if the driver in front brakes and reverses without warning, then they may be held liable for the accident.