What does it mean to be liable for an accident?

In most car accidents, liability, or legal responsibility, falls on the at-fault driver. If both drivers are at fault, their fault is determined by the proportionality of their contribution to the accident. Other factors considered in determining car accident liability are the extent of sustained damages as well as the follow-through on legal claims by other parties. Most states mandate that drivers carry a minimum of insurance. If a driver does not carry insurance or sufficient coverage, he or she will be personally responsible for all unpaid claims.

Liability for an accident falls into various categories:

Liability for Others

In cases where a driver is totally at fault in a car accident, he or she is legally responsible for injury claims filed by the other driver(s), as well as any injured passengers whether they were in the other vehicle(s) or in the at-fault driver's vehicle. Pedestrians injured in the accident may also submit claims.

Liability for Specific Damages

Liability arising from an auto accident includes any general and special damage claims made by other parties. Special damages include lost income, property damages, and if applicable, punitive damages as well. General damages may include compensation for pain and suffering and other non-quantifiable damages. If the extent of the injuries is substantial, damages may go toward lifelong disabilities.

These damages will be covered totally or partially by the at-fault driver's insurer and/or the at-fault driver.

Get Legal Help

If you are involved in an accident and are liable for the injuries, you may have to exorbitant damages depending on the extent of the injuries and your proportion of culpability. Either you or your insurer must satisfy these claims. If a settlement is not reached, you may have to face a civil lawsuit. Talk with an experienced attorney to discuss what you or an insurance company is liable for in an accident.