Question from a reader:
If my car collides with the rear side of the other car at an intersection, will the fault ratio be more favorable for me?

Collisions at Intersections and Fault Ratios

Accidents at intersections are often particularly complex cases among traffic incidents. In particular, head-on collisions raise questions about how much fault each party bears. The questioner is
asking whether the fault ratio would be more favorable if their car collided with the rear side of the other car. In this article, we will address this question from a legal perspective while delving into practical scenarios.

Basic Fault Ratios in Traffic Accidents

First, it is important to understand the basic fault ratios in accidents at intersections. In Japan, the fault ratio in traffic accidents is generally determined by factors such as “type of vehicle,” “circumstances of the accident,” and “presence of traffic signals.” In the case of head-on collisions, the following criteria are typically applied. – If one party enters on a red light while the other enters on a green light, the party on the red light bears a higher degree of fault. – Even if both parties enter on a green light, the fault ratio can change depending on the relationship between a right-turning vehicle and a straight-moving vehicle, as well as how each entered the intersection. For example, if you enter the intersection on a green light and the other party enters on a red light, it is generally recognized that the other party bears a significant amount of fault. However, if you were also negligent in your duty of care, your fault may be reduced.

The Impact of Collisions with the Rear Side

Now, in the questioner’s case, they mentioned that their car collided with the rear side of the other car. This has special significance. When a vehicle collides with the rear side of another vehicle, the other party’s fault is often recognized as being greater. This is because the side of a vehicle is particularly vulnerable, and a collision from the rear is generally not considered an obstruction to the driver’s intended direction of travel. Of course, this is merely a general tendency, and specific circumstances can alter this. For instance, if you did not adequately check the movement of the other vehicle when entering the intersection, that could also be considered in determining fault.

Specific Case Study

Let’s consider a specific scenario. Suppose you enter the intersection on a green light while the other party is attempting to turn right on a red light. In this case, if your car collides with the rear side of the other vehicle, the other party’s fault would clearly be high. The fault ratios in traffic accidents can often be extreme, such as 70:30 or 80:20. Conversely, if you were speeding or failed to check the traffic signals, the fault ratio could potentially be 50:50. Thus, it is difficult to definitively determine the fault ratio in any situation.

How to Perceive Your Own Fault

What’s important here is how you perceive your own fault. By calmly analyzing the situation at the moment the accident occurred, you can gain a more accurate understanding of the fault ratio. For example, if you were fiddling with your smartphone while driving, that action itself could be a factor that increases your fault. Additionally, if there are witnesses or if you have footage from a dashcam, the determination of fault can become clearer. The extent to which you paid attention will also play a significant role in negotiations after the accident.

How to Handle the Aftermath of an Accident

When an accident occurs, it is essential to respond calmly. First, check the safety of the surroundings and call for an ambulance or police if necessary. After that, it is important to discuss the situation with the other party calmly and document the details of the accident. If you can check the dashcam footage, it is advisable to save that information. Negotiations after the accident will inevitably involve discussions about the fault ratio. Having legal knowledge can help you navigate these discussions more favorably. Understanding the criteria for determining fault ratios will enable you to assert your claims effectively.

Conclusion

In conclusion, if your car collides with the rear side of the other vehicle, the fault ratio is likely to work in your favor. However, it is important to note that this can vary based on specific circumstances, so it is crucial to make a calm judgment. Acting with consideration for legal perspectives and psychological impacts during an accident will be key to avoiding future troubles. Such accidents can happen to anyone, and a moment of inattention can escalate into a significant issue. It is vital to remain vigilant while driving and to be fully aware of your surroundings. To protect yourself, it is important to acquire solid knowledge.