How Fault and Negligence Are Determined in a Car Accident Claim

After a car accident, you can claim compensation for the costs of medical expenses, lost income, vehicle damage, and more through an auto insurance claim or lawsuit. However, your settlement amount will crucially depend on which party was at fault for the crash.

Whether a fender-bender, rear-end collision, or more serious injury accident, there are some basic things to know about car accident law before the need arises. If you or your loved one was hurt in an auto accident, contact an experienced car accident attorney to protect your rights and help you get compensation.

Fault vs. No-Fault States

Not all states handle car accident claims in the same way. States are generally divided between fault and no-fault car accident laws:

• At-fault state. The driver who causes the accident is liable for damages. To recover money for property damage, medical bills, and loss of income, you have to show that the other driver is at fault for the accident.
• No-fault state. Each driver recovers damages from their own insurance company, regardless of fault. Drivers have personal injury protection (PIP) coverage through their insurance company to pay for injuries to themselves and their passengers.

What Determines Fault in a Car Accident?

Car crashes can occur for a wide variety of reasons and can have multiple complicating factors. Weather conditions, medical emergencies, driver error, and more are all issues that can combine to cause a motor vehicle accident.

This jumble of factors can make it difficult for insurance adjusters — or judges and juries if you go to court — to determine who is at fault for an auto accident or how to allocate fault between multiple drivers.

Determining fault and the degree of fault in car accident claims is made on a case-by-case basis. Consider the following two scenarios:

Scenario 1: Driver Committed a Traffic Law Violation

If one of the drivers in your accident broke traffic laws, fault might be easy to establish. When a driver violates a traffic law and an accident follows, this usually creates a presumption that they were at fault.

For example, you are in a car accident with a driver who ran a red light and struck your car in the intersection. In that case, it should be fairly easy to show that the other driver was at fault for the accident. Violating the traffic law can show negligence per se.

There are many other state traffic laws on the books that drivers must follow for the safety of others on the road. When drivers break these laws, accidents result. Some other common traffic violations include:

• Speeding
• Failure to yield
• Failure to stop at a stop sign
• Driving the wrong way
• Drunk driving
• Crossing a median and driving into oncoming traffic

If you think that the other driver in your accident violated traffic laws, consult an attorney. State laws vary, and the interpretation of these laws evolves with time. An experienced car accident attorney can investigate the facts of your case and determine whether the other driver violated traffic laws to cause your accident.

Scenario 2: Driver Caused a Rear-End Collision

When a motor vehicle hits another from behind, it’s often due to following too closely or distracted driving. Rear-end collisions can cause severe consequences because the front driver often does not see the impact coming until it’s too late to avoid it. Generally, a driver who strikes another vehicle from behind is usually at fault. However, there may be exceptions to this general rule.

Consider, for example, a chain-reaction car wreck. If one car rear-ends another, it may push it into the next automobile. In this case, the fault will most likely lie with the driver who caused the first collision in the chain reaction. However, the other drivers could also be at fault if they followed too closely. Sometimes several parties might share the fault.

What if More than One Driver Is At Fault for a Car Accident?

Determining fault in a car accident can become more complicated when several parties contribute to the accident. If you were partially responsible for your auto accident, this might reduce the value of your case.

However, state laws vary on the distribution of fault in car accidents, typically using one of the following methods:

1. Contributory negligence
2. Pure comparative negligence
3. Modified comparative negligence

Contributory Fault States

In some states, if a party contributed to the accident at all, they cannot recover for their damages from the other party. This is “contributory fault” or “contributory negligence.”

However, only four states and Washington, D.C., use contributory fault. Instead, most states use a “comparative fault” model.

Comparative Fault

With comparative fault/comparative negligence, each party’s financial award will be reduced by their percentage of fault.

For example, say a driver falls asleep at the wheel and swerves into another lane. A bus traveling in the other lane is going 15 miles above the speed limit and collides with the car. In this case, both the bus driver and the car driver violated traffic laws. Some degree of fault lies with both drivers.

In a pure comparative fault state, the bus driver can recover damages even though they were partially at fault. If the court determines that the bus driver was 30 percent at fault, their financial award would be reduced by 30 percent. The car driver could also make a claim for damages even though they were 70 percent at fault. Their payment will be reduced by 70 percent.

To further complicate matters, some states have implemented a “modified comparative fault” law. Under this standard, a driver who is 50 percent (or 51 percent, depending on the state) or more at fault cannot make a claim for their damages from the other party. In our example, this would mean that the car driver could not make a claim against the bus driver in a modified comparative fault state.

How Do You Gather Evidence of Fault After a Car Accident?

After a car accident, you should ensure that everyone involved is safe. Don’t leave the scene of the accident without exchanging contact and insurance information with the other drivers. Leaving the accident scene is against the law. Your state law may require you to inform the police of any car accident that causes property damage above a certain threshold or bodily injury.

When the police arrive at the scene, they will create a police report. This accident report has details about the car accident, such as the positioning of the automobiles, the weather conditions, and eyewitness accounts. Further, the police officer may include their own opinion about who the at-fault driver was.

Car insurance companies will probably require a copy of the police report before issuing any payments through your car insurance coverage. In some jurisdictions, you can file a report about your collision online. Contact the local police department to learn how to inform them of your accident and request a copy of your official accident report. When you get the accident report, review it to make sure it is accurate and notify them of any errors.

Settlement Negotiations and Insurance Companies

Ultimately, determining fault follows certain protocols after you file an insurance claim. Accident claim settlements are negotiations, and even your own insurance company is trying to get its best deal.

Don’t sign a release of claims or accept payment unless you feel certain that the insurance settlement adequately covers all of your damages. This is where having a law firm or an experienced car accident attorney is extremely helpful, and most car accident lawyers offer a free consultation.

What if I Can’t Arrive at a Settlement?

If you can’t reach an agreement with the insurance company, you can file a personal injury lawsuit in court. You must file such claims within the statute of limitations from when the accident occurred, or you will be barred from recovery.

If you’re taking the step of filing in court, it’s especially important to seek legal representation.

Why Hire a Car Accident Lawyer?

Determining fault in a motor vehicle accident is complex. An experienced car accident lawyer can gather and analyze evidence from your accident, like police reports, medical records, witness statements, medical bills, and more. They can apply this evidence to your state’s laws and build a case.

There is a time limit (statute of limitations) on how long you have to file a personal injury claim under your state law. Insurance policies also require car accident victims to file claims promptly after the accident. So, it’s a good idea to contact a personal injury attorney as soon as possible about your claim.

Your attorney can deal with the insurance adjusters so you don’t have to. Most personal injury lawyers also offer a free consultation, so you have nothing to lose by contacting an attorney about your car accident.