How to Deal With "No Doubt" Liability in Accident Cases

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When two or more people are involved in an accident, there's typically a lot of discussion between the parties and insurance companies about who is liable for the incident. Sometimes the issue is a moot point, though, because either the insurance company or the police who respond to the scene will automatically assign liability in certain types of accidents. Depending on the circumstances, this can result in people being unfairly accused when they didn't actually cause the accident. Here's what you need to know about this type of situation and what you can do to fight back.

Types of "No Doubt" Accidents

"No Doubt" liability accidents are called such because certain aspects of the incidents leave "No Doubt" as to who is responsible, despite what may have occurred. There are three specific kinds of accidents where a person may have to deal with this type of assumption of liability:

1. Rear-End Collisions: One of the most common types of "No Doubt" accidents is rear-end collisions. If you hit a vehicle in front of you, liability for the accident will be placed on your shoulders.

Traffic laws require drivers to leave an adequate amount of space for them to brake safely. The exact amount of space varies depending on road conditions, but the rule of thumb is to leave 3 seconds worth of space between you and the driver in front. If you rear-end someone, it's assumed you were following too closely, regardless of the reason why the person you hit stopped.

2. T-Bone Accidents: T-Bone accidents most often occur at intersections when vehicles are more likely to be traveling perpendicular to each other. There are a few different ways T-Bone accidents can occur, but you are most likely to face a "No Doubt" liability assignment if you get into an accident while turning left.

Traffic laws require left-turning vehicles to yield to oncoming cars and trucks and make sure it's safe to turn before doing so. If you are T-Boned by an oncoming vehicle while turning left, it's assumed you were negligent in ensuring the street was clear first.

3. DUI Accidents: When a person has been drinking or taking drugs, prescription or illegal, it's presumed the individual's ability to drive safely is significantly impaired. So when an accident occurs, the person under the influence of these substances will almost always be cited. Only in rare circumstances will the blame be placed on the other driver, and the liability is usually very clear in those circumstances.

Overcoming Automatic Assignment of Liability

Throwing off the mantle of automatic liability in "No Doubt" accidents is very challenging, but it can be done. With rear-end and T-Bone collisions, there are exceptions where the other person involved in the accident may be found partly or fully liable.

In rear-end accidents, the person in front may be held liable if the tail or brake lights on his or her vehicle were not functioning properly or at all. You could successfully argue that you had no warning the person was going to slow down or stop and, thus, you didn't have enough time to take evasive action.

Another way you could avoid liability in a rear-end collision is if a vehicle rear-ends you with enough force to cause you to run into the person in front of you. In this situation, the person behind you may be held responsible for both accidents.

You may be able to escape liability in T-Bone collisions if:

• The vehicle who hit you was speeding or ran a red light
• It was safe when you began turning, but an unexpected event caused you to slow down or stop (e.g. the car in front of you stopped moving)

Proving these circumstances existed in your particular accident may be difficult depending on the situation. However, an attorney can study the facts of the case and develop a strategy that may get you off the hook. For more information about "No Doubt" liability or assistance with litigating a case, visit resources like http://caminezlaw.net.

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1 October 2015