Determining fault in a car accident is critical because it is the first step towards recovering compensation. In some cases, fault in an accident is straightforward. For example, in a rear-end accident, the driver that hits the other car in its rear is almost always at fault. 

Unfortunately, not all cases will have a clear-cut fault, and the involved parties may have to use available evidence to prove fault. 

Assessing Fault

The court considers several factors to determine fault, with the evidence presented by both parties being the most critical. So, ensure you gather every critical piece of evidence at the scene. “It does not have to be high-quality kind of evidence. All you will need is to use your smartphone to record video and capture images of the crime scene before you move the cars out of the road,” says injury attorney Charles Boyk. 

Witness accounts are also critical in determining faults; the best time to gather them is while you are still at the accident scene. Capturing witness accounts while at the scene ensures you get the most reliable account of everything while the memory is fresh. You can then use these captured accounts to jog the memory of your witnesses before sharing their accounts in court.

The police report also plays a critical role in establishing fault. Once the police get to the scene of an accident, they analyze every available evidence, including documenting through pictures, gathering witness accounts, taking measurements, vehicle damage analysis, and possible traffic violations. This information is then combined into a report, usually ready in two weeks. The report is a public document accessible on the local police station website or physical office.

Shared Fault

There are situations where more than one party will be at fault in an accident. For example, if a speeding driver hits a jaywalking pedestrian, both parties will have a share in the fault, impacting a claim. If the pedestrian intends to file a lawsuit under such circumstances, their ability to recover compensation will depend on the state’s approach to negligence. 

If the state follows a contributory negligence approach, the pedestrian loses their right to compensation because they are partially at fault. If the accident happens in a comparative negligence state, the pedestrian may recover compensation relative to their degree of fault. 

However, the type of comparative negligence approach will also determine the outcomes.  In pure comparative negligence states, the victim can still recover compensation even when they are more at fault for the accident than the defendant.  

On the other hand, modified comparative negligence states limit the victim’s ability to recover compensation at 50 or 51 percent fault.

Who Is at Fault In Car Accidents?

In most cases, fault in a car accident falls on the driver who made the mistake leading up to the accident. However, there are situations where neither of the drivers is responsible for an accident. 

An example of such a situation is when poor road design or signage is the cause of the accident. In such a situation, the governmental agency responsible for road maintenance in construction will be at fault in the accident and thus liable for resulting damages. Another situation is when an accident results from a faulty vehicle part. In this case, the faulty part manufacturer will be at fault for the accident. 

Cases involving shared fault can get complicated, so it is always a good idea to have an experienced car accident lawyer by your side when filing a claim.