How to Determine Car Accident Fault: A Legal Guide

As you drive toward town, you look forward to checking off your to-do list for the next few hours. All of a sudden, though, another motorist rear-ends you, leaving you with a heap of metal in place of your car — and a number of injuries to boot.

Unfortunately, you’re not the only one who has experienced this. From 2010 to 2019, the number of traffic injuries grew by about 500,000 to 2.74 million in 2019.

Fortunately, if you can determine that the car accident fault lies with the other driver, you may receive compensation to cover your injuries and other losses. Here’s a rundown on how to determine car accident fault following a crash.

Let’s get started.

Study Accident-Related Citations or Police Report

One of the best ways to determine car accident fault is to look at any citations or police reports tied to your accident. Then, research what the law says about the particular action that appears to have caused your accident.

For instance, let’s say the driver who caused your accident ends up being cited for blowing through a red light. Or, maybe police who respond to the scene create a report acknowledging that the other driver was speeding when the crash happened. They will probably be determined to be at fault.

Why? Because a driver who violates traffic laws has behaved negligently — or, failed to do something that they should have done. Negligence is typically the legal justification for demanding that one motorist reimburse another driver for the damages caused in a crash.

An attorney can help you to determine whether the other party involved in your accident violated a particular local or state law. This information can then come in handy in the event that you pursue compensation for your accident damages via an insurance company claim or a civil court claim.

Note that if you decide to file a claim in civil court, you can secure the compensation you need ahead of time — as you wait for the claim’s outcome — with the help of accident loans.

Consider Photos and Witness Statements

Another important step in determining car accident fault is to take photos of the accident scene. That’s because pictures of the crash may help with establishing what took place at the time of the collision. They can also help with explaining the extent of your damages.

In addition to taking pictures, be sure to also gather statements from witnesses. This can further help to explain what took place. If multiple people corroborate one another, this can play a key role in solidifying your case.

Determine Car Accident Fault with Confidence Today

Determining car accident fault is a paramount step when it comes to filing a claim with an insurance company following an accident. Likewise, it’s critical if you are in the process of filing a personal injury claim against the other party involved in your accident.

Why? Because a fault determination is connected to your case’s or claim’s outcome. Fortunately, a few core principles generally apply to the process of determining fault following an accident.

Follow the above-listed tips for determining fault to increase your chances of achieving a favorable outcome in your case or lawsuit.

Also, if you enjoyed reading this article, check out the rest of our website for more great content.

James McNeal

The author James McNeal