One of the most important determinations following a car accident is figuring out who caused the accident. In other words, which driver is at fault.
Fault is a critical assessment for any accident because it speaks to who is liable for the accident. From this, you can seek compensation if you can prove that the other driver acted negligently.
While fault is a major part of the aftermath of an accident, you may not know how it is determined. Knowing this information, you'll have a better idea as to what the outcome will be for an accident that you are involved in.
Regardless of what you think happened, you should leave the determination of fault to the experts. These are the people who are skilled at analyzing surrounding circumstances and evidence to see what caused a crash.
To simplify this process, we'll explain how fault is determined below!
Various States Approach Fault Differently
What you'll need to know first is that states approach the matter of fault differently.
This doesn't necessarily mean that how fault is interpreted is different, but rather how that interpretation plays out.
To understand this, there are three different types of fault rulings relating to negligence. The reason why negligence is important is because negligence often causes an accident, so any indicator of it will mean that fault is almost inevitable.
These three fault rulings include contributory negligence, pure comparative negligence, and modified compared negligence. Again, the method used will vary based on your state, but modified compared negligence is the most common choice.
With modified compared negligence, you are only eligible for compensation if you are found to be less than 50% to blame for causing an accident.
Alternatively, pure comparative negligence means that your settlement will be adjusted based on how much you are found to contribute to the accident.
At the other extreme, contributory negligence means that having any fault related to the accident will restrict you from pursuing legal action.
Take the time to learn your state's fault rules regarding negligence to see which will apply to you.
Insurance Companies Assess Fault
You should also know who ultimately determines is at fault for the accident.
While the police will likely decide fault at the scene, it's the insurance companies that have the final say. A police officer's opinion is likely to factor into the final ruling, but that doesn't always mean that the two will match up.
When an accident occurs, an adjuster is assigned to the case. They'll evaluate all relevant information, including the police report, to see who is at fault based on the state's laws regarding negligence.
From this ruling, they'll determine who is at fault and how that translates to compensation. What makes this tricky is that the way fault is determined doesn't follow a specific set of guidelines.
This means that each insurance company may evaluate fault differently, which can lead to discrepancies between two providers involved in a crash. If two insurance companies cannot agree on fault, then it's possible that your claim will be denied and legal action will be required.
Did a Driver Break a Traffic Law?
A critical factor in determining fault is whether either driver broke a traffic law.
Generally speaking, breaking a traffic law will almost always result in being found at fault. This includes behaviors like speeding, failing to yield, running a red light, not stopping at a stop sign, tailgating, or anything else that would result in a ticket.
The reason why traffic laws matter is because violating one means negligence. Because negligence typically translates to fault, violating a traffic law likely caused the accident.
If you think about this, then it makes a lot of sense. When you break the law, you're driving unsafely. You don't have the reaction time to prevent an accident from happening.
A great way to avoid fault for an accident is to make sure that you're never violating the law. This isn't a perfect defense, but it will help in most situations.
Evidence Plays a Huge Role
When the insurance companies are evaluating fault, evidence plays a huge role.
This includes several pieces of information like photos taken at the scene, the police report, any eyewitness accounts, dashcam footage, and anything else that can speak to what happened.
As you might imagine, some evidence is more powerful than others. Something like the opinion of you or the other driver likely doesn't hold much weight and it will just be one word against another.
Because of this, all an insurance company can look at is the physical evidence of an accident. With this in mind, you should be particularly thorough when it comes to collecting evidence.
Make a point of taking as many photos as possible and see if anyone witnessed the crash. Consider purchasing a dashcam if you don't already have one because there are few things more telling than video footage of the accident.
How Is Fault Distributed?
As a last consideration, you should understand how fault is distributed.
The involved insurance companies will evaluate all of the evidence and see what led to the accident. Both parties will be scrutinized to see if any of their actions contributed to the crash.
With most accidents, fault is not usually cut and dry. Instead, many factors can make each driver partially responsible.
For example, think about something seemingly straightforward like a rear-end collision. Usually, the driver that does the rear-ending is to blame because they should be allowing for ample room to stop.
However, this can get tricky if the driver that was rear-ended was violating a traffic law that lead to the rear-ending. Imagine them being on the freeway and crossing several lanes at once without signaling, placing them in front of the rear-ending driving without adequate time to react.
Because of this, fault is not always 100% attributable to a single driver. Having some responsibility for causing the accident is likely and this determination will affect whether you're entitled to compensation.
Closing Thoughts
In the aftermath of a car accident, fault must be determined so that the victim can seek compensation for their suffering. This ruling will vary based on your state, but most states use modified compared negligence, which only permits compensation should you be less than 50% to blame.
The parties that evaluate fault are the insurance companies. They'll use all evidence relating to the crash and see if any traffic laws were violated to determine who is ultimately at fault. From here, the fault will be distributed based on how much you contributed to causing the accident.
With all of this in mind, determining fault can be quite tricky and this means that you need to be prepared to defend yourself. Make a point to never break a traffic law and get a dashcam to give yourself the best protection possible!
