Unsurprisingly, intersection car accidents typically raise immediate questions about who is at fault. These collisions may involve multiple drivers, various traffic violations, and conflicting statements about what happened. Multiple parties may share responsibility, or a single driver’s action may have led directly to the incident.
What Causes Intersection Accidents?
One of the most significant factors is whether a driver failed to yield the right of way. At four-way stops, the driver who arrives first typically proceeds first. When arrival is simultaneous, the driver on the right is given the right of way. Failure to follow this rule may indicate driver error.
Traffic signal violations are another common cause of intersection accidents. Running a red light or disregarding a stop sign may clearly place fault on the driver who ignored the signal. In some cases, a vehicle may enter an intersection legally on a yellow light but collide with a driver making a left turn. In that instance, investigators must determine whether the turning driver had enough time and space to complete the turn safely.
Speed, distraction, and impairment are also considered. A speeding driver who fails to stop in time, or one using a mobile phone, may bear responsibility for contributing to the incident. If a driver is under the influence of alcohol or drugs, that fact may significantly influence the liability determination.
What Roles Do Police Reports and Witness Statements Play in Intersection Crashes?
Police officers who respond to the scene often document their observations in a formal report. That may include statements from the involved drivers, witnesses, and the officer’s assessment based on physical evidence such as skid marks, vehicle damage, and the final position of the vehicles. While not definitive in every case, a police report often plays a central role in establishing fault.
Witness accounts may support or contradict driver statements; a neutral third party who saw the entire event may provide a valuable perspective. Insurance adjusters and lawyers may also consult traffic camera footage or video from nearby businesses to further analyze the incident.
Can More Than One Driver Be at Fault?
Yes, this is known as “comparative fault.” For example, one driver may have run a stop sign, but the other may have been texting and driving. Both actions could contribute to the outcome, and liability may be divided according to each driver’s role.
In Virginia, the pure “contributory negligence rule” applies. This rule states that if a driver is found to have contributed to the accident in any way, they may be barred from recovering compensation. This legal standard can be strict and is one reason why determining liability is often a highly detailed process in our state.
What Role Do Insurance Companies Play in Determining Fault?
Insurance companies conduct their own investigations following accidents. Based on these reviews, they assign fault and decide whether or how much compensation will be paid under the policy.
Disputes between insurance companies are not unusual. Each insurer represents the interests of its policyholder and may reach different conclusions about fault. In such cases, legal action becomes necessary to resolve these disagreements.
How Can Liability Be Challenged or Reassessed?
Liability determinations may be challenged through legal action. If one party disagrees with the insurance company’s finding, they may hire a lawyer to negotiate or file a lawsuit when settlements cannot be reached. Traffic engineers, accident reconstruction professionals, or surveillance footage may be used to present more complete pictures of what occurred.
Let Our Experienced Virginia Beach Car Accident Lawyers at Anchor Legal Group, PLLC Pursue Justice for Your Damages
Our Virginia Beach car accident lawyers at Anchor Legal Group, PLLC can review the facts of your case, explain your legal options, and fight to protect your rights. For a free consultation, call our Virginia Beach office at 757-LAW-0000 or contact us online. We proudly serve clients in Chesapeake, Norfolk, Suffolk, Portsmouth, Newport News, Hampton, Williamsburg, and Eastern Shore, Virginia.