Why Are Innocent Drivers Often Assigned Fault for Crashes?

Although getting compensation after a crash is possible if you’re ruled partially (but less than 51%) at fault for it, getting maximum compensation requires being assigned 0% fault. That’s because Ohio’s comparative negligence system reduces settlements by the percentage of fault assigned. In other words, at 20% fault, a $10,000 settlement becomes an $8,000 settlement.

Unfortunately, the system isn’t perfect. That’s because innocent drivers are often assigned fault for crashes they’re involved in. This can result in innocent drivers and their families losing thousands of dollars in needed compensation. And in cases where they’re assigned the majority of fault, it results in them receiving no compensation.

In this blog, we explore the most common reasons innocent drivers are assigned fault for crashes and how they can either prevent this from happening or reevaluate the fault once it’s assigned.

Common Reasons Innocent Drivers Are Assigned Fault After Crashes

Police officers often initially assign fault for crashes when completing their accident reports. They rarely have the time to do full investigations because they’re often under pressure to get crash scenes cleaned up quickly to resume traffic flow. That means fault is often assigned based on quick assessments and snap judgments.

When innocent drivers are assigned partial or complete fault for crashes, these are the most common reasons why:

They Mistakenly Admit Fault

Car accidents are chaotic. They often send drivers and their passengers into a state of psychological shock, and the adrenaline and pain can combine to make it difficult to remember what happened.

It’s common for innocent drivers to begin to think they did something to cause their accidents in the minutes and hours afterward, and they may make statements to police officers, other drivers, or witnesses implicating themselves. Those statements may then go on record, resulting in these drivers being assigned fault.

They Rear-Ended the Other Driver

Thinking that drivers who rear-end other vehicles are always at fault for those crashes is a common misconception. While it’s true that those drivers are often at fault, they aren’t always.

Police officers may assign fault to drivers who rear-end other vehicles without other evidence, especially if they believe the rear-end driver was distracted, speeding, or following too closely. However, those crashes may instead be caused by rear-ended drivers driving vehicles with burned-out taillights or brake lights or by swerving into other lanes and then slamming on their brakes.

The At-Fault Driver Blamed Them

Many car accidents are a “he said, she said” situation. Each driver may have a different version of what happened, and it’s up to the police officer at the scene to use their judgment to determine which story is accurate. Sometimes, they may side with the at-fault driver and assign fault to the innocent driver.

In these scenarios, the loudest and most persistent voice may win, as police officers don’t have the time or resources to fully investigate the cause of the crash at the scene.

They Were Violating a Traffic Law

A driver can be speeding, texting, or following too closely and may still not be primarily at fault for a crash that happens moments later. That’s because their negligence behind the wheel may play only a minor role in the crash or, in some cases, play no role whatsoever.

However, when a responding police officer finds evidence of a traffic violation immediately before a crash, they often focus their brief investigation around it while assuming it’s the cause.

A Witness Wrongly Blamed Them

Witness accounts of accidents are often inaccurate. Just as the shock of an accident can make it difficult for drivers and passengers to remember what happened, witnesses may also struggle to remember what they saw.

In car accident cases, all it takes is one witness slightly misremembering the direction in which the vehicles were traveling or which vehicle entered the intersection first to mistakenly shift the blame to the innocent driver.

Our Ohio Car Accident Lawyers Will Work Hard to Reduce Your Level of Liability

It’s common for innocent drivers to be assigned some percentage of liability after a crash. And while they may still be eligible for compensation under Ohio’s comparative negligence system, any liability can reduce their settlement, which means less money for their crash-related expenses.

At Nurenberg, Paris, Heller & McCarthy, our Ohio car accident lawyers may be able to reduce your level of liability and maximize your compensation by taking these steps:

• Thorough Investigation: We can conduct a detailed investigation of the accident scene, gather police reports, and collect crucial evidence such as witness statements, traffic camera footage, and accident reconstruction reports.
• Challenge Opposing Claims: We can critically analyze and challenge the opposing party’s claims by highlighting any inconsistencies or inaccuracies in their version of events.
• Take Your Case to Trial: If the insurance company refuses to pay a fair settlement, we can represent you in court to adjust the level of fault assigned to you and help get you maximum compensation.

Ready to get started? Contact us today for a free consultation.

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