Legal Liabilities and Responsibilities in Car Accidents

A car accident can upend your life in an instant, leaving you with injuries, bills, and unanswered questions. Some of the immediate and most pressing concerns many people have after a car crash concern the legal liabilities and responsibilities of all those involved, including you.

Whether you’re dealing with whiplash, property damage, or more serious trauma, knowing your rights and obligations can help you take the right steps in the chaotic aftermath of a car crash.

If you were injured in an accident and have questions about car crash liability, an experienced car accident lawyer can help you understand your rights and the best options for taking legal action.

Schedule a Free Consultation Today!

Understanding Car Accident Liability

Car accident liability refers to who is legally responsible for the damages caused by a collision. Determining liability isn’t always straightforward, especially when an accident involves multiple vehicles or unusual conditions.

Liability is the foundation of any personal injury claim after an accident. It affects not only who pays for damages but also whether compensation is available at all.

Shared Fault and Comparative Negligence

Some car accidents aren’t black and white. Two or more drivers might have made mistakes. In these situations, liability can be shared based on something called comparative negligence.

Some car accidents aren’t black and white. Two or more drivers might have made mistakes that contributed to the crash. In these situations, liability can be shared based on the state’s negligence system. There are three main systems used across the U.S.:

Pure Comparative Negligence

In states that follow pure comparative negligence, like California and New York, you may be able to recover damages no matter how much at fault you were for the accident, but your compensation will be reduced by your percentage of fault.

Modified comparative negligence

In states with modified comparative negligence, such as Colorado and Texas, you can only recover damages if your fault is below a certain threshold – either 50% or 51%, depending on your state’s specific rule. If you’re more than the allowable threshold at fault, you cannot recover anything.

Only a few states, such as Alabama and Maryland, still use the contributory negligence model to determine fault. Under this system, you cannot recover compensation if you are found to be at fault to any degree.

The important thing to know is that you should never make a fault determination on your own. Traffic accidents can be complex, and liability issues may be involved that you are not aware of. Always consult a lawyer if you have any concerns about your potential liability.

Steps to Take After a Car Crash

When you’ve been in a car accident, there are certain actions you should take to protect your rights and the value of your claim after you have received medical attention for your injuries.

If you didn’t seek medical attention immediately after the car crash because you felt ok, schedule a checkup right away. Some car accident injuries, such as traumatic brain injury, internal bleeding, and whiplash, may not be felt immediately and can worsen with time.

• Contact an experienced car accident lawyer near you
• Gather and preserve any evidence, such as witness information and damaged property. Your lawyer can help with this.
• Notify your insurance provider of the crash. Do not discuss the accident in detail or accept blame. Your lawyer can help you with this..
• Refer all insurance companies who contact you to your lawyer
• Document your injuries and how they affect your life.
• Refrain from posting photos or statements about the accident on social media.

Failing to follow these steps can lead to challenges when pursuing compensation. Insurance companies may argue that a delay in treatment suggests your injuries aren’t real, or they may try to twist your words if you speak to them directly.

Consulting with an experienced personal injury lawyer is the best first step you can take after receiving medical attention to protect your rights and the value of your claim.

Who Is Liable in a Multi-Car Accident?

Determining liability becomes more complicated when more than two vehicles are involved. Chain-reaction crashes, freeway pile-ups, or intersection collisions often require a detailed investigation to figure out who caused what.

Breaking down liability in multi-car collisions

Multi-vehicle accidents may involve:

• One driver who started the chain of events
• Several drivers who each contributed
• Mechanical failure from one or more vehicles
• Government entities responsible for maintaining roadways
• Vehicle manufacturers, if a defect played a role

Investigators will review the sequence of impacts, vehicle damage, skid marks, and crash dynamics. It’s not unusual for liability to be split among multiple parties in these cases.

Insurance Company Tactics After Accidents

Insurance adjusters may seem helpful at first, but their goal is to protect their company’s bottom line, not look out for your best interests. That’s why accident victims are often pressured into low settlements or tricked into saying things that hurt their case.

Common insurance strategies to watch out for

Insurance adjusters may present themselves as supportive, but their primary responsibility is to minimize the insurance company’s financial exposure. They are trained to use tactics that often undermine valid claims.

Their strategies include:

• Making low, inadequate settlement offers when vulnerable claimants don’t know the full scope of their damages.
• Requesting recorded statements early on, when victims may be disoriented or unsure
• Downplaying injuries or arguing that they stem from pre-existing conditions
• Using delay tactics to frustrate claimants into accepting lowball settlements
• Disputing medical treatments as unnecessary or excessive
• Discouraging claimants from seeking legal representation by implying that doing so will delay or complicate the process.

In some cases, insurers may even misrepresent coverage limits or policy language to reduce payouts. Being aware of potential pitfalls and bad faith practices can help protect you and your claim. Allowing an experienced car accident attorney to handle your car accident claim is the best way to secure the compensation you deserve.

The Role of Evidence in Car Accident Claims

Evidence is one of the strongest tools to prove liability. The more documentation you have, the stronger your case becomes. Your car accident lawyer can work to gather all of these materials or those you aren’t able to obtain.

• Police reports
• Dashcam or surveillance footage
• Photos of the scene and vehicles
• Medical records
• Witness statements
• Cell phone records (in distracted driving cases)

Sometimes, expert analysis is required—such as accident reconstruction or biomechanical evaluations—to explain how the crash happened and how it resulted in physical injuries.

These assessments can either support or challenge the connection between the accident and the injuries, which is especially important in cases where the defense argues that the injuries were pre-existing or unrelated.

Impact of Traffic Violations on Accident Liability

A traffic violation doesn’t always prove liability, but it often plays a key role in determining fault. If the other driver ran a red light or was speeding, that can be strong evidence in your favor.

Examples of violations that affect liability:

• Running a stop sign or red light
• Following too closely
• Driving under the influence
• Failing to yield
• Distracted driving (e.g., texting)

Keep in mind that even if the other driver wasn’t ticketed, they could still be found liable based on how the accident occurred.

How Weather Conditions Affect Accident Liability

Accidents are common in rain, snow, fog, and ice, but they don’t excuse negligent behavior. Drivers are expected to operate their vehicles safely in poor conditions, even when that means driving under the posted speed limit.

If someone is driving too fast for icy roads or doesn’t clear their windshield and causes a crash, they can still be held responsible. Weather may be a factor but not a defense.

Courts and insurance companies consider whether the driver adjusted their behavior appropriately by slowing down, turning on headlights, or increasing following distance.

Pedestrian Rights in Car Accidents

Pedestrians often suffer the most severe injuries in auto collisions. In most cases, drivers are held to a higher duty of care to avoid harming people on foot.

Can a pedestrian ever be at fault?

Yes, but it’s rare. If a pedestrian darts into traffic or ignores signals, liability may be shared. However, drivers must always stay alert—especially in crosswalks, school zones, and parking lots.

Common Causes of Car Accidents in the U.S.

The annual number of total motor vehicle crashes in the U.S. typically ranges between 5.5 and 6.5 million per year, according to National Highway Traffic Safety Administration (NHTSA) data. These crashes led to 40,901 deaths in one recent year. For each death, many more people were injured, many of them seriously.

Many factors cause car accidents. Some of the leading causes include:

• Distracted driving (texting, eating, using GPS)
• Speeding
• Drunk driving, driving under the influence of drugs
• Fatigue, drowsy driving
• Reckless driving
• Running red lights and stop signs
• Aggressive driving or road rage
• Failure to compensate for poor weather or low visibility
• Vehicle defects

Identifying the cause of your accident is essential not just for understanding what happened but for holding the right party accountable.

Statute of Limitations for Car Accidents

Every state has a statute of limitations, which sets deadlines for taking legal action in personal injury cases. These laws vary depending on the type of case and the state where the crash occurred. In Colorado, for example, the deadline is generally three years for car accidents, which means you have three years from the date of the accident to file a car accident claim or lawsuit.

Exceptions exist that may affect the timeline of your case. If you’re unsure about your deadline, speak to a lawyer right away. Once the statute of limitations is up, your right to seek compensation expires.

How to File a Police Report After an Accident

Every state requires that any accident resulting in injury, death, or significant property damage be reported to the police, usually within a specific timeframe.

Those involved in the accident are usually required to:

• Call the police at the scene
• Provide a truthful account
• Ask for the report number
• Follow up later for a copy

If you are able to, you should call the police from the accident scene, provide your account of what happened, and request a report number. This report will be crucial for insurance and legal purposes.

If you are seriously injured or incapacitated and cannot file a report at the scene, the responsibility usually falls on the other involved parties or responding law enforcement.

When You Need a Car Accident Lawyer

You might be wondering when it’s time to hire a lawyer. The answer depends on how serious your injuries are and whether the insurance company is cooperating.

Here are some signs it’s time to get help:

• You or a family member were injured in the accident
• You sustained an injury
• The other driver is denying responsibility or blaming you
• The police report contains errors or doesn’t clearly assign fault
• An insurance company for the at-fault party offers you an inadequate settlement
• The crash involved multiple vehicles, pedestrians, or commercial trucks
• You’ve missed work or expect to be out of work for an extended period
• You were a passenger or rideshare customer and aren’t sure who to file against
• You’re unsure how much your claim is worth or how to calculate future damages

Contact Fuicelli & Lee Injury Lawyers

Keith Fuicelli, Car Accident Lawyer

Car accidents are the leading cause of accidental injuries and deaths in Denver and in the United States in general. As a Denver-based personal injury law firm, we dedicate much of our practice to helping individuals out of the chaos and confusion that follows a car accident.

We take every case seriously because we know how a car crash, even a seemingly minor one, can disrupt your life. From soft tissue injuries to traumatic brain injuries, we approach every matter with the same level of compassion, care, strategy, and persistence.

📞 If you’re in the Denver area, call us today at (303) 444-4444 for a free consultation. If you’re somewhere else in Colorado, contact us to learn how we can help you with virtual case management.