Single Car Accident: Am I Always at Fault?

By FindLaw Staff | Legally reviewed by Hal Armstrong, Esq | Last updated December 24, 2021

If you find yourself in a car accident and there is no one else around, you may have no one to blame but yourself. Being in a solo vehicle collision brings up several important questions. Are you criminally liable if you hit something while you were under the influence of drugs or alcohol? Do you have insurance? Perhaps the most important question if you're in a single car accident, is: Am I always at fault?

Single Car Accident Definition

While the most common car accidents involve two or more vehicles, there are times when an accident involves only your car. For example, you swerve to avoid an animal in the roadway and you end up hitting a fire hydrant or slamming into a building. You may be held at fault for the accident, but if you can prove the collision was the result of someone else's negligence or a vehicle defect, you may be able to claim damages or shift the fault elsewhere.

Vehicle Defects

Sometimes cars have manufacturing defects. Maybe there were faulty brakes or poor alignment and the car didn't operate the way it should. In most states, you will be able to file a product liability lawsuit and recover any damages you sustain as a result of the manufacturer's negligence. The manufacturer would in turn be liable to anyone injured or any property damaged as a result of the accident.

Poor Road Design or Maintenance

Maybe your accident was the result of a stoplight malfunctioning or deep potholes in the roadway. If your accident is the result of poor road design or failure to maintain the roadways, you may be able to sue the city, county, or other government entity responsible for the upkeep of these areas. While it isn't always apparent who is at fault in these situations, an experienced attorney will be able to assist you.

The "Unavoidable" Accident

There are other times when another person, motorist, or cyclist does something negligent and it forces you to respond quickly, thus getting into a single car accident. For instance, let's say a cyclist pulls out into the roadway without looking, swerving into your lane. Your first reaction is to swerve to avoid the rider, but if you end up hitting something (other than the negligent cyclist, such as a guardrail or stop sign) the cyclist may be held liable for the accident. Keep in mind, much of this depends on the negligence laws in your state, so be sure you understand the law before filing a lawsuit or claim.

DUIs and Single Car Accidents

Drunk people driving cars hit things. This is true whether it is a stop sign or a parked car. In these types of situations, if you are found guilty of the DUI, you will likely owe restitution to repair any damage as a result of your criminal activity. Whether or not your insurance company will cover you for the damage depends specifically on your policy.