Who Is At Fault in a Car Accident?
After a car accident, it is common for both drivers involved to point fingers at each other.
Determining fault and liability is not as easy as it may seem.
In most cases, intensive investigation is needed to determine liability — who failed to observe road rules or acted negligently.
In the legal sense, liability is defined as the legal responsibility for one’s actions or omissions.
Drivers have a duty of care to other road users, and failure to uphold this duty could lead to liability in case of an accident.
Those who are liable are at fault and are legally responsible for any resulting damages.
How Is Liability or Fault Determined in a Car Accident?
There are numerous ways to determine fault, and we’ll discuss some of the most common methods.
The Accident Scene
When talking about car accidents, the most common advice you might get is not to admit fault, no matter the situation.
One of the most common ways fault is determined in a car accident is when you or the other driver admit fault at the accident scene.
The opposing party can use this admission to establish liability and hold you responsible for any resulting damages.
Your admission statement could go on record and be used against you in court, making it more challenging to defend yourself or dispute liability.
The Police Report
After an accident, you or the other driver must contact the police to file a report.
This report is crucial in determining fault, especially if no witnesses or one party denies liability.
The investigating officer will gather evidence from both parties, examine the damage to the vehicles and surrounding areas, and objectively assess what happened.
The officer will include all these details in the police report, which can serve as valuable evidence in court.
The police report is an official document, and you can use it to build your case, even if you’re partially at fault.
This document is also the first thing your attorney will ask for when working on your case.
The Insurance Company
Another way fault and liability are determined is through the insurance company.
Car insurance companies follow different fault-based systems, depending on the state.
- At-fault states: In these states, the at-fault driver shoulders the responsibility for any resulting damages. The other driver’s insurance company will handle the victim’s medical expenses. Depending on the accident’s severity, the offending driver could also face jail time.
- No-fault states: In a no-fault car accident, the victim’s liability insurance or car insurance coverage finances their medical expenses, regardless of who is at fault. These states often require drivers to possess Personal Injury Protection (PIP) coverage before obtaining a license.
The Jury
If neither of the drivers admit fault and the negotiations are futile, the plaintiff may choose to take the case to court.
The court will then determine liability and award compensation depending on the evidence presented.
In a partially at-fault car accident, the jury will examine all factors and determine each driver’s percentage of fault.
Not all states follow this process.
Liability is divided among the drivers involved based on the state’s comparative negligence doctrine.
In some states, the at-fault driver shoulders the entire responsibility.
In other states, the victim could lose their right to compensation if they’re partially at fault for the accident.
Understanding the Comparative Negligence Doctrine
Comparative negligence is pivotal in determining fault and liability in car accidents.
Comparative negligence is the legal principle that divides liability among all parties involved based on their percentage of fault.
States follow different variations of this legal doctrine, and it’s essential to understand how it works in your state.
Pure Comparative
A pure comparative negligence rule means that liability is divided among the drivers involved, regardless of their percentage of fault.
For example, if you are 70% at fault and the other driver is 30%, you will be responsible for 70% of the resulting damages, and the other driver will cover the remaining 30%.
This variation is the second most common type, and 12 states use it.
Some states using this doctrine are Missouri, California, New York, Washington, Alaska, Florida, and Arizona.
Modified Comparative
This variation is the most common comparative negligence rule and is used in 23 states.
Modified comparative negligence divides liability among drivers involved as long as they aren’t equally at fault.
Some states using this doctrine are Illinois, Texas, Hawaii, Ohio, Nevada, and Utah.
For example, if the other driver is 40% at fault and you are 60%, you will be responsible for the damages the other driver obtained.
If the liability of one driver is equal to or greater than 50%, they lose the right to compensation.
Slight/Gross Negligence
In a slight/gross negligence state, the plaintiff can only recover damages if their fault was “slight” and the other driver’s was “gross.”
This law combines the primary principles of both pure and modified comparative negligence.
South Dakota is the only state using this doctrine.
The slight/gross comparative negligence has also been scrutinized for its criteria.
The terms “slight” and “gross” are not always clearly defined, leaving it up to the jury’s interpretation.
Neither party will receive compensation if the jury can’t distinguish which party is “slight” and which is “gross.”
Pure Contributory Negligence
Pure contributory negligence is the strictest form of comparative negligence, used in only four states: Alabama, Virginia, Maryland, and North Carolina.
Washington D.C., a federal district, also follows this legal doctrine.
In these jurisdictions, a plaintiff cannot recover damages if they’re even slightly (1%) responsible for the accident.
This doctrine has been criticized for its harshness and perceived injustice toward plaintiffs.
What Should You Do if You're Partially At Fault?
If you’re partially at fault in an accident, you might think you have no chance of receiving compensation or your chances are low.
You may still have a chance.
Here’s what you must do if you think you’re partially at fault in a car accident.
Do Not Admit Fault
Deny any liability in an auto accident.
Anything you say can be used against you as evidence in court or when dealing with insurance companies.
Even if you think you’re partially at fault, do not admit anything until all facts have been carefully examined.
The pressure of the situation gets into your head and makes you admit fault, even if you’re not entirely responsible.
Call 911
After the accident, it’s critical to prioritize your safety and the safety of others involved.
If you or someone else is injured, call 911 immediately.
The police will also respond, help document the accident, and gather evidence that could be crucial in determining fault.
Keep in mind that the police report is an essential legal document.
If the other party refuses to provide their information, you can also get it from the police report.
Your attorney can request a copy of the report for further evidence.
Gather Evidence
Evidence plays a crucial role in determining fault and liability.
The strength of your proof reflects the strength of your case.
Take photos of the accident scene, the damage to all vehicles involved, and any car accident injuries sustained.
Talking to witnesses and obtaining their contact information are also helpful.
They may provide an unbiased account and support your claim.
You don’t have to ask for their statement immediately, but you or your attorney can contact them later when building your case.
Find a Reputable Car Accident Attorney
Looking for an experienced and competent car accident attorney to help with your case is critical.
A knowledgeable attorney can help protect your rights and ensure you receive fair compensation, even if you’re partially at fault.
Your lawyer can help you obtain evidence, deal with insurance companies, and negotiate a settlement covering your damages.
They can also represent you in court if necessary.
The skills and experience of your chosen lawyer can make a significant difference in the outcome of your case.
The Importance of Hiring a Competent Car Accident Lawyer
It’s critical to pick a competent lawyer to handle your case, as they impact the outcome of your car accident case significantly.
Here are some reasons why hiring a reputable car accident lawyer is essential.
Navigate the Complexities of Comparative Negligence
The comparative negligence law is complex and varies from state to state.
A knowledgeable lawyer can help you understand the law in your state and how it applies to your case.
They can also determine which comparative negligence rule is used in your jurisdiction.
If you live in a modified comparative state, your lawyer could help prove that you were not equally at fault and fight for a fair percentage of compensation.
They could also navigate the tricky criteria of pure contributory negligence and help you receive damages if your state follows this doctrine.
Collect Evidence To Strengthen Your Case
Some evidence might be inaccessible for you to collect, but your lawyer could help you obtain it.
They have the resources and skills to gather evidence, including police reports, witness statements, expert testimony, and more.
Additionally, an experienced lawyer can help identify gaps in your evidence that could weaken your case and work toward filling them.
Their compelling negotiations could significantly increase your chances of receiving fair compensation for your damages.
Negotiate With Insurance Companies
Negotiating with insurance companies can be daunting.
Representatives of these companies will try to downplay your claim and offer a lowball settlement.
A skilled lawyer can help protect your rights and negotiate for a fair settlement covering all damages.
They can also represent you in court and fight for your right to compensation if necessary.
Their experience with similar cases and legal knowledge can significantly increase your chances of receiving the best possible outcome.
Advocate for the Fairest Possible Outcome
The goal of a competent car accident lawyer is to advocate for your rights and ensure you receive the fairest possible outcome.
Their expertise in navigating comparative negligence laws, collecting evidence, negotiating with insurance companies, and representing you in court can increase your chances of obtaining fair compensation, even if you’re partially at fault.
TorHoerman Law: Schedule a Consultation With Our Car Accident Attorney Today
Even if you’re partially at fault for an accident, you deserve a chance to fight for your case and receive fair compensation for your damages.
At TorHoerman Law, our experienced car accident attorneys have a successful track record of obtaining favorable outcomes for clients involved in accidents.
We understand the complexities of comparative negligence laws and can navigate them to fight for your rights aggressively.
Contact us now for a free consultation.
You can also use our chatbot on this page for a quick case qualification.
