Don’t Assume or Say You’re at Fault
If you are in an accident, you should not assume, or say, that you are at fault. This explains why.
In an accident, the person who is mostly at fault (negligent) is liable to the other person for damages. Both parties may be partly at fault. And there may be a third party who is partly at fault.
“Fault” means failure to use reasonable care. It is a conclusion based on the facts. Determining fault is what courts do.
You Don’t Know All the Facts
As one person in an accident, you cannot know all the facts. Because you cannot know all of the facts, you should not conclude, or assume, that you are at fault and therefore liable to the other party, especially after a car accident.
For example, suppose you pull up to a stop intersection, stop, and look both ways. You see a car approaching at some distance, and your experience tells you that you have time to cross. So, you start to go through. The car hits you part way through the intersection because he was speeding and got to the intersection faster than you thought he would. You would have had time to cross if he had not been speeding. You assumed that he was obeying the law and not speeding, which you had a right to assume. Consequently, you are not at fault. He is.
There are many other scenarios where there are facts that you do not know, and they make the fault different than you might assume.
What Not to Say After a Car Accident
Because you probably will not know all of the facts in an accident, you should not say something that admits fault, such as:
- “You had the right-of-way.”
- “It was my fault.”
- “I’m sorry I hit you.”
You should be honest about the facts, but don’t assume you were at fault.
McGlone Law Can Help
Knowing what not to say after a car accident can make a major difference in how your case plays out. At McGlone Law, we help accident victims understand their rights and protect themselves during a difficult time. If you’ve been injured in a crash, contact us for a free consultation. We’ll help you move forward with clarity and confidence.
