Here is the scene: You have just been hurt in a car accident at an intersection, the traffic light was changing, and you are not sure how fast you were going. Maybe you weren’t paying as much attention as you normally do. Is it your fault? Should you admit to the other driver or police officer that the light might have been changing or that you might not have been attentive enough? The answer is a resounding no.
Immediately following an accident, you are emotionally (and sometimes physically) rattled. It is difficult to think clearly. You need time to collect your thoughts and recollections. The other driver might have been intoxicated. Maybe he was speeding. He could have been distracted, could have been trying to get to a meeting for which he was late or could have been trying to beat the light. Maybe the traffic light was not working properly. Traffic accidents happen for many reasons, and sometimes for a combination of reasons. The real cause of the accident (and your injuries) might not be you at all!
In short, you are in no position to judge who is at fault at the scene of an accident. Leave that determination to the police, the insurance companies and the courts. Any admission of fault at the scene will only come back to haunt you.
A legal determination of who is responsible in an automobile accident is never made at the scene or immediately. If you are injured seriously in an automobile accident, a judge or jury will determine who is responsible for your injuries. If you have blurted out an admission of fault at the scene, that admission can be used later to reduce and even prevent any recovery on your part for the serious injuries you suffered. If you are questioned by an investigating police officer, confine your comments to the facts you are sure of and avoid the temptation to jump to conclusions. Leave that to a judge or jury which will have all of the available details of the event upon which to base a decision, rather than improvident admissions at the scene.
If you are injured in an accident, you should talk to your attorney as soon as possible while the details are fresh in your mind. Your attorney will look out for your interests and will guide you to an appropriate resolution.
Immediately following an accident, you are emotionally (and sometimes physically) rattled. It is difficult to think clearly. You need time to collect your thoughts and recollections. The other driver might have been intoxicated. Maybe he was speeding. He could have been distracted, could have been trying to get to a meeting for which he was late or could have been trying to beat the light. Maybe the traffic light was not working properly. Traffic accidents happen for many reasons, and sometimes for a combination of reasons. The real cause of the accident (and your injuries) might not be you at all!
In short, you are in no position to judge who is at fault at the scene of an accident. Leave that determination to the police, the insurance companies and the courts. Any admission of fault at the scene will only come back to haunt you.
A legal determination of who is responsible in an automobile accident is never made at the scene or immediately. If you are injured seriously in an automobile accident, a judge or jury will determine who is responsible for your injuries. If you have blurted out an admission of fault at the scene, that admission can be used later to reduce and even prevent any recovery on your part for the serious injuries you suffered. If you are questioned by an investigating police officer, confine your comments to the facts you are sure of and avoid the temptation to jump to conclusions. Leave that to a judge or jury which will have all of the available details of the event upon which to base a decision, rather than improvident admissions at the scene.
If you are injured in an accident, you should talk to your attorney as soon as possible while the details are fresh in your mind. Your attorney will look out for your interests and will guide you to an appropriate resolution.
– Kevin Palmer