Proving Liability and Damages in a Car Accident Lawsuit

Before you can begin discussing injury and property damage compensation, you have to determine who is at fault. Auto accidents tend to happen quickly and unexpectedly, making determining fault difficult. However, assigning fault is important post-accident because it can directly impact the outcome of insurance claims and future insurance premiums.

“To the extent you have a pain and suffering claim, that claim and all of those intentional damages come directly from the driver who is at fault,” explains Mark Tanner, a personal injury lawyer at Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig in Philadelphia, PA.

Four Steps To Determine Fault in a Car Accident

There are four steps to determining fault after a car accident. Involved parties will gather evidence, analyze that evidence, review applicable laws, and then apply the state’s liability or negligence laws.

1. Gathering Evidence

The first step in determining fault is gathering evidence. This begins at the accident scene. Physical evidence from the accident scene is crucial for collecting data about the immediate damage, road conditions, and weather, all factors that impact fault determination.

Pictures and videos of the accident scene are visual documentation that can depict the current conditions. Take pictures of physical evidence that you won’t be able to get later, such as skid marks. Surveillance footage or traffic cameras can also provide different angles of the accident. Witness statements from third parties who were not involved in the accident are also helpful. These statements can corroborate your version of events.

Another increasingly more common piece of evidence is cell phone usage records. Distracted driving is an issue, and cell phones tend to be the culprit. If you can show that the other driver was using their phone at the time of the accident, it may help prove the fault.

Finally, ask any and all responding police officers for a copy of their police reports. These accident reports are supposed to include all relevant information. It will include insurance and contact information for all involved parties. Having a police report supporting your version of events can be helpful when filing your insurance claim and going through legal proceedings. However, there are potential complications with police reports. A human is creating them, which means personal bias and subjectivity can influence what they include or write. There could also be omitted or incorrect information.

2. Analyzing the Evidence

Once all of the evidence is gathered, the next step is to analyze the information and data. This will include looking at the vehicle damage, such as the point of impact and property damage extent.

For more complex accidents, reconstruction experts can take the gathered evidence and create an accident reconstruction. This can create a real-time visual of what happened, taking much of the guesswork out of determining fault.

3. Reviewing Traffic Laws and Regulations

Once the evidence establishes the facts of the accident, the next step is to review the applicable traffic laws and regulations. This could include looking at who had the right-of-way. Often, accidents happen because someone fails to follow traffic laws. This could be not stopping for a red light or stop sign. Another common cause is traveling faster than the posted speed limit.

4. Applying Negligence and Liability Rules

While there are some accidents where one party is clearly 100 percent the at-fault driver, this is not the standard. For the majority of motor vehicle accidents, all of the involved parties have some degree of fault.

Determining each party’s fault percentage is important because it can impact their ability to recover from the loss they experience. In contributory negligence states, if an accident victim is even 1 percent at fault, they are barred from recovery. This makes determining fault crucial for you to receive compensation from a negligent driver.

In comparative negligence states, fault percentages are applied to the involved parties. The amount you can collect is then reduced by the percentage you are found at fault. So, while you are not completely barred from recovery, being partially at fault does reduce your total compensation. How these comparative fault states operate can vary. Some states will reduce recovery purely based on the fault percentages. Other states will do this if your fault percentage is below 50 percent. If your fault is over 51 percent, you are barred from recovery.

Who Determines Fault in a Car Accident?

Who determines fault will depend on how you pursue compensation. If you make an auto insurance claim, the insurance companies will determine fault. If you file a lawsuit, the judge or jury will decide who is at fault for the car crash.

1. Determining Fault in Car Insurance Claims

Once you file a claim with the insurance company, an adjuster will begin gathering evidence. They will then use established algorithms to determine who they think is at fault. This fault percentage and the total amount of damages are what insurance companies use to make a settlement offer. Your insurance company and lawyer will also make their own determination. The insurance adjusters and your lawyer will then negotiate to determine a mutually agreed-upon fault percentage.

No-Fault Insurance States

Several states operate under a no-fault system. In these states, determining fault is not a primary factor in determining who pays for the injuries and damages. Instead, you submit your accident claim to your own insurance company. This is under the personal injury protection (PIP) coverage you are required to have in no-fault states. You then receive a benefit payment from your insurance company. You might be able to pursue a claim against the other driver’s insurance company in certain situations. For example, if your damages exceed your insurance policy coverage amounts.

2. Determination of Fault in Legal Proceedings

If you take the legal route with your car accident case, then the fault is determined at trial. Depending on your state, a jury or judge could hear the arguments and determine fault.

Some states require you to go through an alternative dispute resolution (ADR) process before going to trial. If this is the case, a mediator or arbitrator will work with the involved parties to determine fault.

Tanner explains how determination of fault works when representing his clients in Pennsylvania. “The jury ultimately determines who is at fault. There are arguments to be mounted by both sides depending on the facts of the accident. A jury would determine who’s at fault if the parties are not in agreement.”

How Long Does It Take To Determine Fault in a Car Accident?

The timeline for processing a car accident claim can vary significantly based on the accident facts. The process typically starts with an insurance claim. The insurance company is legally required to begin investigating your claim within a reasonable amount of time. Some states define a reasonable amount of time as 30 days. However, how long the investigation can take will depend on the accident’s complexity. It could be days, weeks, or months.

The insurance adjuster will gather evidence and make an assessment based on their findings. At the same time, your attorney will do their own evidence gathering. Your lawyer and the insurance company will use the evidence they have gathered to justify a settlement amount during negotiations. The settlement negotiation process can take days, weeks, or months.

The personal injury lawsuit process typically takes place after the insurance claim process. Generally, you will take the legal route when settlement negotiations fail. So, it will begin after the insurance claim process but before the statute of limitations expires. Once your lawsuit is filed, you enter the discovery phase, which is a legal evidence-gathering phase. You may have to attend pre-trial hearings or mandatory mediation meetings. States have procedural rules that will define how long you have for the different phases. Then, your case will go to trial. Trials can take half a day, one day, or several days, depending on the case complexity.

Why Should I Get Legal Assistance From a Car Accident Lawyer?

Hiring a car accident attorney can help you protect your legal rights and pursue the maximum compensation. Lawyers who represent accident victims have experience in the most common types of accidents, damage, and injuries. They also understand how insurance companies approach claims and what evidence will be most compelling in settlement negotiations. A lawyer who has trial experience will be able to provide guidance and advocate for you. They will also know the procedural rules that ensure you do not miss a crucial deadline that could bar you from recovery.

Ultimately, you do not know what you do not know. A lawyer dedicates their professional career to representing accident victims. Hiring a lawyer to represent you gives you access to experience and knowledge that you do not possess.

Find an Experienced Car Accident

Determining fault in an accident can directly impact your ability to recover compensation for your car accident injuries and property damage. Hiring a personal injury attorney ensures you have someone advocating for you and your best interest. Otherwise, you risk getting assigned fault unfairly. Your lawyer will explain your legal rights, compensation options, potential case value, and pursuit of the compensation process.

Visit the Super Lawyers directory to begin your search for an experienced personal injury lawyer. For more information on these legal issues, see our overviews on motor vehicle accidents.