How Is Fault Determined in a Car Accident?

How Is Fault Determined in a Car Accident?

Did you know that distracted driving, speeding, and drunk driving are among the top reasons for car accidents in the United States (US)?

These incidents lead to injuries and unwanted consequences like income loss. And when you suffer such losses, there’s a good chance you want to get compensation from the motorist at fault.

But how do you or your insurance company determine who’s at fault? How do courts decide who’s responsible for the crash? What happens if you’re partly liable for the incident?

This article discusses how insurers and states evaluate the evidence to determine which driver is at fault in a car accident. It also explores the difference between at-fault and no-fault states and the various kinds of evidence used to determine how the crash occurred.

If you need legal assistance for personal injury cases, such as for car accidents, Personal Injury Lawyer Search is your resource of choice. This website lets you look up lawyers specializing in motor vehicle accidents to help you navigate the complex legal system in the US.

How Do Insurance Companies Determine Fault?

When your insurance company determines fault in a car crash, the decision usually depends on state laws and the accident’s details. Learn how these factors affect the insurer’s decision in the following sections.

State Laws: Negligence

How state laws define negligence can affect how insurers and courts determine fault and how your auto insurance claims get paid out.

Furthermore, a car accident may not always be solely your or the other driver’s responsibility. In this case, an insurer can assign a percentage of the fault to each involved party according to the accident details.

Suppose you were switching lanes on the highway when another driver suddenly rear-ends you. Depending on the state, both of you may be at fault for the crash. Perhaps the other driver was responsible for 80% of the accident, but the remaining 20% may be your fault.

Comparative Negligence

Do you live in a state that determines fault based on pure comparative negligence? If so, you may recoup your expenses from the other driver according to their degree of responsibility for the car crash.

For instance, the other driver who is 80% at fault may have their insurance company compensate up to 80% of your medical expenses and repair costs. You or your insurer will shoulder the remaining 20%.

As of January 2024, the states implementing pure comparative negligence are as follows:

Modified Comparative Negligence

If you live in a state using modified comparative negligence, you may not recover your costs from the other driver if you’re over 50% or 51% at fault for the accident.

Instead, you may have to pay out of pocket for your repair bills or medical expenses, even if the other motorist is partly at fault.

Over 30 US states use modified comparative negligence in one form or another when determining fault. As of January 2024, these states are as follows:

Contributory Negligence (or Pure Negligence)

What if you’re only 5% responsible for the accident? If your state uses contributory negligence, any responsibility you bear for an accident will make you unable to recoup expenses.

In other words, the other driver’s insurer won’t compensate you even if you’re only slightly at fault.

The states using contributory negligence as of January 2024 are the following:

Accident Details

The insurance company will often assign an adjuster to your claim after you file it. It will gather information about the incident by reviewing police reports, evaluating pictures of the damage, and interviewing the involved parties.

The information collected and reviewed by the insurance adjuster will help the insurer determine who’s at fault for the accident.

Depending on who’s at fault, your own insurer or the other party may pay your car accident claim.

The Drivers Involved Decide

Sometimes, the drivers involved may decide who’s at fault while still at the scene of the accident.

For instance, while exchanging information, you may become intimidated or scared that you start “pointing fingers” at the other driver. The rising tensions may lead to one or both of you admitting fault.

So, what should you do instead of deciding who’s responsible? Consider the following actions:

  • Take pictures of the crash before the involved vehicles are moved
  • Write the names and numbers of those involved in the accident, including witnesses
  • Document the time of the accident, the location, and weather conditions
  • Record the make and model of all involved vehicles
  • Ask the other driver or drivers to show you their insurance cards and licenses
  • Wait for the police to arrive

Arbitration Decides

Insurers who disagree with a settlement can resolve this issue through arbitration. This way, another entity, such as the private corporation Arbitration Forums Inc., decides the damage amount and who pays. Many large insurers prefer this method when doing business.

One benefit of arbitration is that it helps reduce the number of lawsuits. In turn, it lowers the costs and complexities for insurers dealing with car accident claims.

A Jury Decides

If insurers cannot settle your claims, one of your last options will be to go to court and have the settlement decided by the jury. As the final arbitrator of fault, the jury can decide based on facts that even the US Supreme Court cannot change.

Only a few cases go so far as to involve a jury. Getting a case tried by a jury in court can be a lengthy and costly process that most parties involved would rather settle before a trial. One exception is when a significant amount of money or medical expenses are involved.

Witnesses

Suppose you obtained eyewitness information like names and contact info. Your insurer will reach out to them to get their statement regarding the accident.

The Environment

The time and day of the accident and even the weather are some factors your insurance company will consider when evaluating your claim. For instance, the accident may have occurred in an area significantly dangerous for motorists, or the crash may have been because of bad weather.

How Do Courts Determine Who Is at Fault After a Car Accident?

When you file a lawsuit to recover the costs for your or your passengers’ injuries or vehicle’s damages, the court identifies fault by determining who the negligent driver is.

A negligent person is one who fails to exercise reasonable caution in situations like an accident.

When you’re in court, the judge or jury will listen to your and the defendant’s lawyer’s arguments and review any evidence, including testimonies from the following:

  • Both drivers
  • Witnesses to the accident
  • The investigating police officers
  • Experts specializing in accident reconstruction
  • Medical professionals

After evaluating the evidence, the judge or jury will determine who is at fault and what damages must be compensated.

What Is a No-Fault Car Accident?

A no-fault car accident happens when you get involved in a vehicular crash in a state with no-fault insurance laws.

Some no-fault states require you to have personal injury protection (PIP) on your car insurance. Regardless of who’s at fault for the crash, your PIP can help pay for your medical bills after a car accident.

However, property damage claims, such as when your car sustains damage, are still paid by the at-fault driver’s insurance coverage to help with vehicle repair costs.

What Is an At-Fault Car Accident?

An at-fault auto accident occurs in states without PIP coverage laws. The at-fault driver’s car insurance helps cover injury and property damage claims.

Suppose you’re at fault for hitting another person’s parked car. Your auto liability coverage will help pay for the other driver’s car repairs.

“Will Being At-Fault Affect My Insurance Premiums?”

Are you partially or entirely at fault for a car crash? Your insurance rates won’t necessarily increase automatically. Instead, your insurer will evaluate numerous factors, such as your driving record and the accident’s circumstances, before making any rate changes.

Furthermore, having an accident forgiveness policy in your insurance can help keep your rates from increasing. Overall, one accident shouldn’t immediately affect your insurance premiums.

What Are No-Fault States?

In a no-fault state, besides having a PIP, you must also carry liability coverage, which will pay for the other driver’s damages. In other words, you’re liable for the medical injuries and vehicle damage you cause to another party.

As of February 2024, the no-fault states in the US are as follows:

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

Why No-Fault Insurance?

The no-fault insurance concept stemmed from the need of many states to have people injured in car accidents receive payment faster instead of waiting for insurers and lawyers to decide who was at fault.

Therefore, rather than having your insurance company determine who was responsible, your insurance company will compensate you regardless of who caused the accident.

What Happens if You’re at Fault in a Car Accident?

Determining whether or not you’re at fault in a car accident depends on the accident’s details, which may be straightforward or complex based on the circumstances.

For example, in an at-fault state, both parties’ insurers will evaluate the accident details before deciding who should be held liable.

How to Tell Who Is at Fault in a Car Accident

Insurance adjusters typically review police reports, talk to witnesses, and analyze the statements from the involved parties to determine who the at-fault driver is in a car accident. Adjusters also evaluate the pictures of the damages and consider the state’s traffic laws when making a decision.

What Happens in a No-Fault Accident?

In states implementing a no-fault system, your PIP, not the at-fault driver’s insurance, covers the injuries you sustain in an accident. Furthermore, a no-fault state doesn’t need to determine fault for bodily injury claims.

The following sections discuss who pays in a no-fault accident and what happens when both drivers are at fault.

Who Pays in a No-Fault Accident?

Suppose you and the other driver sustain injuries following an accident in a no-fault state. Your respective PIP coverages will pay for your own medical expenses, income loss, or both, up to your policies’ limits.

What about property damage, such as to your vehicle, in a no-fault state? In this case, the at-fault driver’s insurance usually pays for the damage, similar to how you do in an at-fault state.

What Happens if Both Sides Are at Fault in a Car Accident?

Depending on state laws, insurers may decide that the involved drivers may have shared liability in the accident. In this case, you may refer to your state’s negligence law to determine the compensation each party may receive for injuries and other claims.

Piecing Together How a Car Accident Happened Using Physical Evidence

When reviewing evidence from the accident, the insurance adjuster can analyze skid marks, road conditions, and other facts about the vehicles from pictures or by visiting the accident scene.

This way, the adjuster, often assisted by an accident reconstructionist or consultant, can estimate a vehicle’s speed before impact.

Examining the extent of the resulting damage can also help the adjuster estimate the vehicle’s speed. For example, a fast-moving car will not only sustain more damage upon impact but also cause more damage to anything it hits.

Even safety devices like airbags will only deploy under specific conditions. Adjusters need to consider these conditions when evaluating evidence.

Other factors, such as the vehicle damage location, that can help determine fault are discussed in the following sections.

T-bone (Side Impact) Accidents

Suppose your car got T-boned (hit on its side) in an intersection where the other vehicle had a stop sign, and your car didn’t. There might be a strong likelihood that the other vehicle ran the stop sign before hitting you.

In this case, the other driver may bear most, if not all, of the responsibility for the T-bone accident.

Rear-End Accidents

When you’re driving, and your vehicle gets rear-ended (hit at its back), this incident usually implies that you’re not at fault for the accident.

However, there may be exceptions. For instance, you may have been cutting off another car. It may have rear-ended you because there’s not enough distance to stop.

Still, the driver who hits the back of your vehicle will mostly, if not entirely, be at fault for the crash.

Pulling Out of a Driveway

What if you’re driving along a residential street when another vehicle pulls out of a driveway and suddenly hits your car’s right (passenger) side? What evidence can you use to help prove the other driver’s fault?

One giveaway that the other driver is at fault is when there’s significant damage to the passenger side.

The damage to the middle of your car, rather than a minor front fender hit, can be solid proof that the other driver isn’t paying attention upon exiting their driveway.

Unsafe Left Turns Into Oncoming Traffic

Suppose you’re driving on a straight road when a vehicle in front of you turns left. In this case, you may try swerving to the right to avoid hitting the driver who cut in front of you.

But what if you hit the vehicle despite your best efforts? The damage to your vehicle’s left front side can suggest you tried avoiding the accident by swerving.

On the other hand, damage to the right rear corner of the turning car may suggest that you, as the oncoming driver, may not be paying attention. Also, the further the turning car crosses the oncoming traffic lane, the more likely you are to be partially at fault for not slowing down to avoid the crash.

Running a Red Light

When a motorist runs a red light, the chances are high that they’ll broadside another vehicle proceeding through the intersection with the green light.

In this scenario, negligence is used to determine fault in the crash. The damage to the negligent driver’s vehicle will usually be to the front, while the damage to the non-negligent person’s vehicle is to the side.

Evidence Involved in Determining Fault in a Car Accident

When collecting evidence, whether for filing a car accident insurance claim or a lawsuit, you need as much documentation as you can get. Doing so helps support your damage claims.

You or your lawyer can gather evidence, including police reports and eyewitness statements, to determine fault in a car accident. Plus, quickly collecting this information can help ensure it doesn’t get lost over time.

What types of evidence do you need to determine fault in an auto accident? Find out what they are and their importance in the following sections.

Property Damage

The police or insurance company can assess the car damage to determine fault. For instance, the damage to your car’s rear may be due to the tailing driver rear-ending your vehicle.

Regardless of who’s at fault, take pictures and videos of the damaged vehicles in the accident. Such pieces of evidence can help determine which driver is negligent.

Injuries

Pictures of your injuries aren’t enough to determine fault in a car accident. You must also speak with a doctor who is experienced in handling such cases. These medical experts can help clarify details about your accident.

For example, some injuries, such as head or soft tissue damage, don’t appear immediately and may take time to manifest.

A doctor can take note of the details of these injuries, which may serve as evidence in the future. Their testimonies can also help if it’s unclear which driver is to blame for the injuries.

Surveillance Footage

Despite the increasing presence of surveillance cameras in public places, the availability of these devices at the accident site isn’t usually within your control.

Still, consider checking if such cameras are able to capture the event. Video footage of the accident can help your case, especially when you need evidence of the other driver’s fault.

Forensic Analysis

Sometimes, a car accident scene, such as one involving multiple vehicles, may have complex circumstances that may need a forensic expert to analyze the evidence.

A forensic analyst can evaluate police reports, photographic evidence, medical records, and eyewitness accounts to determine the vehicles’ likely path and speed. They can also figure out where the impact occurred and who likely caused the crash.

Traffic Citations

Other helpful pieces of evidence are traffic citations. This written record documents something you did wrongly, such as a traffic law violation while driving a vehicle. You’ll likely hear this word used as a legal term when you go to court.

A traffic citation is similar to a ticket. Although they mean the same thing, you may sometimes hear one term mentioned more than the other.

Suppose a vehicular crash occurs. What happens when a police officer pulls over a motorist for violating a traffic law and issues a citation requiring that driver to appear in court?

The citation may not necessarily prove the driver to be at fault in the crash. However, your car accident lawyer can use it as evidence that the other driver acted negligently.

When Fault Cannot Be Determined

What if the police, drivers, or insurance companies cannot determine who is at fault in an accident? In these cases, you have a few options, such as the following:

  • Consider using arbitration to settle the fault without going to court. A neutral arbiter decides each driver’s fault percentage.
  • File a lawsuit at small claims court to seek compensation for damages.

“Is There Anything I Can Do to Help My Case?”

Even while at the accident scene, you can still do something to help your case. If you have no serious bodily injuries, consider doing the following to gather evidence:

  • Talk to others who may have witnessed the accident
  • Note the road and weather conditions and nearby landmarks that can help you determine the accident’s exact location
  • Take pictures of the vehicles involved

Additionally, never admit fault while at the accident scene, regardless of whether you’re exchanging information with other drivers or speaking with law enforcement. If unsure, contact your lawyer before speaking.

“How Long Do I Have to File a Lawsuit After a Car Accident?”

The statute of limitations (the maximum time to initiate legal proceedings following an offense) on personal injury cases, including car accidents, usually depends on your state.

For example, the deadline to file a claim in California, New Jersey, and Pennsylvania is two years. In Arkansas, Massachusetts, and New York, the statute of limitations is three years. Meanwhile, the limit in Utah is four years, Missouri is five years, and Maine is six years.

“Should I Hire a Lawyer After a Car Accident?”

Suppose you’re involved in a car accident, and the other motorist thinks you’re at fault. Aside from reporting the incident to your insurer, which will assign an adjuster to your case, do you also need to contact a car accident attorney?

Yes! A lawyer can help you dispute a fault in a car accident. They gather evidence to prove that the crash isn’t your fault or that the other driver has a substantial responsibility. This way, the lawyer can help reduce any judgment against you.

Although you can consider gathering the evidence yourself, especially from the witnesses and medical professionals, doing so can take too much time and effort. A lawyer can do all of that on your behalf.

An attorney can also help you if your own insurance company doesn’t compensate you a fair amount based on your coverage or doesn’t pay you promptly.

Furthermore, whether you’re disputing your responsibility in the accident or suing the other driver or your insurer, a lawyer will help you build a solid car accident case.

FAQs

1. Who is usually at fault in a car crash?

In most cases, the individual who causes the accident is responsible for any personal injuries or vehicle damage resulting from the crash. The at-fault driver’s car insurance company usually pays for the compensation rather than their own money.

2. How do I tell who sideswiped who by damage?

Determining who’s at fault in a sideswipe accident usually requires analyzing the involved vehicles’ damage patterns and location.

For instance, when one car has extensive damage on the left side and the other has damage on the right, these patterns may suggest a parallel collision between both vehicles.

Aside from damage patterns, other evidence you can use include the following:

  • Traffic camera footage
  • Witness statements
  • Traffic conditions

3. Can paint transfer determine fault?

Paint transfer may help determine how the car crash happened, but it alone isn’t enough to prove a motorist’s fault. You need other evidence, such as police reports and eyewitness accounts, to help you build a solid case.

4. What is a 50/50 car accident claim?

Suppose you get involved in a collision where the fault is difficult to prove or if you share that fault equally with the other driver. You can file a 50/50 car accident claim. This way, each driver’s own insurance policy covers them.

5. What is medical payments coverage?

In many states, medical payments coverage is an optional policy you can get. This insurance covers your or your passenger’s injuries, regardless of fault, and pays up to a specific limit.

In at-fault or tort states, if you didn’t cause the accident, you can use this coverage to pay for your medical expenses. This insurance can help, especially if you can’t wait for the other driver’s bodily injury liability to pay out.

This coverage can also pay for your medical bills if you’re a pedestrian hit in a car accident.

6. What is the best car insurance company?

No one car insurance company is best for everyone. What may be the top insurer for you will be different for others depending on your circumstances, such as your location, driving history, and vehicle type.

One way to determine which insurer is best for you is by speaking to an independent insurance agent. They can assist you in identifying which companies offer your desired coverage.

You can then compare the different carriers’ quotes to find the appropriate rates for your budget. You can also consider looking at their offers and discounts to see which ones fit your needs.

7. How do I file a car insurance claim?

To file a car insurance claim, consider gathering necessary information like the following:

  • Other driver’s vehicle and insurance information
  • Witnesses’ contact information
  • Photos you’ve taken of the accident

Afterward, file your claim online, on an app, or over the phone, depending on which method your insurance allows. You can also speak to a specialist who will assist you in processing your claim.

8. How much does car insurance cost?

Car insurance costs typically vary by state. Such fees can also differ significantly between individuals since insurance companies use various personal factors to establish rates.

As a rough estimate, minimum coverage may require you to pay an average of $740 yearly or around $62 monthly. Meanwhile, full coverage averages $2,542 annually, or about $212 monthly.

9. What should I do if someone sues me for a car accident in a no-fault state?

When you get into a car accident in a no-fault state, one of the first things you must do is communicate with your insurance provider. Getting in touch with them can help you understand how your policy works and give you an idea regarding filing a claim.

10. What happens if someone else is driving my car and gets in an accident in a no-fault state?

Typically, insurance companies will provide coverage to you or your vehicle. In the case of the latter, any person driving your car should be covered if they get involved in an accident.

To be sure, talk to your insurance company before letting someone drive your vehicle. You can also ask that person whether they have an auto insurance policy covering them regardless of the automobile they drive.

Reference

  1. Statute of Limitations: Definition, Types, and Example
    https://www.investopedia.com/terms/s/statute-of-limitations.asp

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