Question from a reader:
I watched this video, and I’m wondering which car you think is at fault when an accident occurs. Is there a problem with both cars? I’d like to hear everyone’s opinions.

What is the Responsibility in an Accident? Considering Who is at Fault in a Car Collision

Hello everyone! Today, I want to think about a somewhat
difficult yet relatable topic. That is the question of “which car is at fault in a car accident.” This topic becomes very important when you are actually involved in an accident, and opinions can vary greatly from person to person.

Imagining a Real Accident Scenario

First, let’s consider a specific scenario. For example, on a sunny Sunday afternoon, I was driving with my family. At an intersection with traffic lights, our car entered on a green light. Meanwhile, a car coming from the right made a sudden left turn and collided with our vehicle. After the accident, I found myself pondering, “Which car is at fault in this accident?” In this case, our car had the green light, so there was no issue with our direction of travel. However, the car coming from the right likely ignored the traffic signal and turned left. Thus, the circumstances of the accident, the state of the traffic signals, and the movements of the vehicles greatly influence the determination of responsibility.

Legal Perspective on Accident Responsibility

When determining responsibility for an accident, a legal perspective is necessary. Under Japanese traffic law, when an accident occurs, the driver is held accountable for “negligence liability.” Negligence liability refers to the idea that one can be held responsible for causing damage to others as a result of failing to fulfill their duty of care. To investigate the cause of an accident, the following points need to be considered: 1. State of the traffic signals: If the signal is red, the car that entered is at fault. If the signal is green, that car has no issues with its direction of travel. 2. Compliance with speed limits: Exceeding the speed limit may lead to questions of negligence. 3. Driver’s duty of care: If a driver proceeds without checking their surroundings, negligence may be recognized. 4. Compliance with traffic rules: If one fails to adhere to stop signs or right-of-way rules, they will be held responsible. By considering these factors comprehensively, we can determine how much negligence each car has.

Cases Where Both Parties Have Issues

Now, it’s important to note that accidents do not always involve unilateral responsibility. In real cases, both cars may share a certain degree of negligence. For instance, during our drive, if the car in front suddenly brakes, and we, lacking attention, follow too closely, a rear-end collision may occur. In this situation, the car in front incurs negligence for braking suddenly, but we may also be considered negligent for following too closely. In such cases, insurance companies will determine the percentage of negligence for both parties, which will affect compensation.

My Personal Experience: Accidents Happen Suddenly

I personally experienced a minor accident a few years ago. While in traffic, the car ahead suddenly stopped, and I panicked and hit the brakes, but I couldn’t stop in time and collided with it. I thought, “The car in front is at fault for stopping suddenly,” but upon reflection, I realized that I had also failed to maintain a safe following distance. At that time, the exchanges after the accident were quite challenging. Once both insurance companies got involved, discussions about the percentage of negligence arose, and resolution took a while. Ultimately, I was deemed to have a certain degree of negligence and had to pay compensation to the other party. From this experience, I learned firsthand that responsibility for an accident is not solely on one side but can vary depending on the situation.

Post-Accident Response and Advice

If an accident occurs, it is crucial to assess the situation calmly. I recommend following these steps after an accident: 1. Stay calm: Emotions can run high immediately after an accident, but it is important to remain composed. 2. Exchange information with the other party: Confirm the other person’s name, contact information, vehicle number, and insurance details. 3. Take photos: Capturing photos of the accident scene and vehicle damage will serve as evidence later. 4. Call the police: Reporting the details of the accident to the police is important for subsequent procedures. 5. Contact your insurance company: Report the details of the accident to your insurance company and follow their instructions. Accidents can happen no matter how careful we are. What we can do is to remain vigilant to prevent accidents and to respond appropriately in case one occurs.

Conclusion

In conclusion, it is not easy to summarize accident responsibility in a single statement. Depending on the circumstances, both cars may have issues, or one party may be found solely at fault. What is important is to respond calmly after an accident and to have legal knowledge. When an accident occurs, it is crucial to handle the situation without becoming emotional. Please remember to follow traffic rules and drive safely. If you find yourself in an accident, take appropriate action without panicking. Don’t forget to prepare for accidents to protect yourself and your loved ones!