If you find yourself involved in a car accident, you are sure to want to know how fault is determined in the specific state where the incident takes place. So, let’s take a look at three things you should know about how fault works across the USA.
1. Some States Follow the At-Fault System
The laws concerning car accident fault differ from one state to another. In California, if you are involved in a car accident, the state follows an at-fault system for insurance claims.
Essentially, that means that the person responsible for causing the accident is also responsible for any resulting harm. If you are deemed to be at fault, your insurance company will be called upon to cover the costs of damages and injuries. Ohio, Georgia, and some other states also follow the at-fault system.
2. Some States Operate on a No-Fault System
In Florida, the rules operate under a no-fault car insurance scheme. So, upon involvement in a car accident in Miami, for instance, you would first turn to your own insurance company to recompense for your medical bills or lost wages, regardless of who caused the accident.
However, Personal Injury Protection coverage is mandatory under Florida law, which comes with minimum monetary thresholds. Only once these thresholds are exceeded do you gain the right to step outside of the no-fault system and file a liability claim or lawsuit against the at-fault driver for things like pain or suffering caused due to the accident.
Kansas, Kentucky, New Jersey, North Dakota, and Pennsylvania also adopt a no-fault system. But in these states, the drivers are given a choice upon insuring their automobile. They can choose between no-fault coverage or opt for traditional coverage instead.
3. In Some States, the Fault Percentage Is Crucial
There are also contributory and comparative fault states, such as Alabama and Colorado. In these states, determining fault percentage is crucial as it directly impacts how damages could be distributed among the parties involved in the accident
What Happens When You Are Found At Fault for a Car Accident?
Whether you are driving in New York, Los Angeles, or Miami, if you are found at fault, you are sure to want to know what happens next.
Well, if you are found at fault for a Miami car accident, for instance, your car insurance rates will likely increase, just as they would in other places in the USA. Depending on your insurer and the severity of the accident, it could mean a considerable hike in your premiums.
Furthermore, besides financial implications such as repair costs and medical bills, there can also be legal repercussions. Depending on the state laws, you may face fines, loss of driving privileges, or even jail time if serious injury or loss of life occurred due to the collision attributed to your fault.
How to Stay Safe and Avoid Car Accidents
You can avoid the risk of being involved in a car accident and being found at fault by always practicing safe driving and following the rules of the road. Never underestimate the power of basic measures like wearing your seatbelt and adhering to speed limits.
Stay focused on the road by avoiding distractions like cell phones, too. You should also always be mindful of other drivers, keep adequate distance between vehicles, and remain alert to changing road conditions.
Regular vehicle maintenance also plays a crucial role in preventing accidents. Ensure your car is in good working order. Develop a routine to check tire pressure, brakes, lights, and windshield wipers regularly.Faulty equipment can lead to unexpected issues on the road. So, maintaining your vehicle not only reduces the chance of mechanical failures but also enhances overall road safety. You might even be able to upgrade to an autonomous vehicle soon to enhance your safety further.
