Right-of-Way Crashes: Who’s at Fault?

Who is at fault in a right-of-way crash? This can be a tricky question. The standard scenario would be that the other driver isn’t the one that caused the accident. However, some states have a different view when it comes to determining who is responsible for right-of-way crashes.

When the other driver is at fault, most states will hold that driver personally responsible. If you are a right-of-way car driver, it’s important to know whether your state has a no-fault law that takes this responsibility away.


Even if your state does not have a no-fault law, there are a few things that you can do to protect yourself if you end up in a situation that involves negligence or even damage to another vehicle.

Determining Fault

Every state has a different system for figuring out who is at fault in a case like this. In some cases, there’s no way to prove who is at fault. So, what happens next? Some states will assign a special traffic administrator, a lawyer, to handle right-of-way cases when fault cannot be determined.

Special traffic enforcement officers will be assigned to write speeding tickets and issue fines. In many cases, these officers will determine whether the right of way was infringed upon. If they determine that an accident occurred, then the case will be forwarded to a traffic court judge.

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A judge will usually make his or her decision based on the evidence that was presented at trial and the preliminary hearing. He or she will look at whether the driver in the car that was in the right of way caused the accident. If the evidence supports this scenario, that driver will most likely be found guilty.

But how do you know whether or not you are at fault? This is where the rules about who is at fault change. The person driving in the right of way has the legal right to be in the right-of-way.

When it comes to determining who is at fault, the judge or jury will look at all the testimony presented at trial to determine who is actually at fault. Sometimes the evidence doesn’t show who is at fault, but the car driver that was in the right of way may still be found liable. This is called a comparative factual evidence verdict, which means that the jury or judge will determine who is at fault based on the facts they have heard at the trial.

Final Thoughts

So, we know who is at fault in right-of-way car accidents, but how do we prove that the other party was at fault? This is where comparative evidence is essential. Even if you are positive that the other driver was at fault, you will still need the testimony of witnesses to make your case stronger. A witness who saw the accident happen from far away, or a driver who heard or saw the accident happen close to his car, can provide strong evidence in your favor.

If you were involved in a right-of-way crash, it is important to get a good lawyer, like this Atlanta car accident lawyer, on your side. An attorney knows local shared fault laws and can help you get a lenient sentence even if you were partially at fault for the crash.

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