When a car accident occurs, an investigation is usually required to determine the liable party. However, there are also cases in which liability is presumed, such as these four:
The Other Motorist Clearly Violated a Traffic Law
Traffic laws have been put in place to protect all road users; most of them actually deal with safety issues. That is why a traffic law violation, especially if it is an obvious one, is an indication that a motorist should be held liable for an accident. For example, if you were hit by a motorist that was driving over the speed limit, was driving while intoxicated (DWI), or had left the scene of the accident, you can use the motorist's violations to paint them as the errant party who should pay your damages.
The Other Motorist Hit You From Behind
It is the responsibility of every motorist to ensure that they have adequate stopping space and time in case of emergencies. That is why you are required to leave a space distance between your car and the car in front while driving. Leaving a safe distance prevents you from crashing into the car in front if they stop, decelerate, swerve, or hit something without warning. Thus, if you are hit by a car from behind, it is presumed that they are the cause of the accident until they can prove otherwise.
The Other Motorist Was Executing a Left Turn
If a car is involved in a crash with another road user while executing a left-turn, then the motorist that was executing the left-turn is most likely liable for the accident. This is because the person making the left turn accident has the responsibility to ensure that the road is clear and they can make the turn without crashing into oncoming cars. Thus, if a left-turn car crashes into oncoming road users, it is assumed that they must have been negligent with the turn.
The Other Motorist Hit You While You Were Stationary
Lastly, fault determination is also almost automatic if a motorist hits a stationary car. Whether you are parked in a parking lot or you have stopped at a traffic lot, it is the responsibility of other drivers to notice you and avoid hitting you.
Note that the presumptions are not always correct. For example, there are rear-end accidents in which the rear driver is not found liable for the crash. Therefore, don't think that your compensation is guaranteed just because you were injured in one of these accidents. You sill need to prove your case, and a car accident lawyer or personal injury attorney can help you with it.