Road crashes in the US increased by 7% in 2020 — despite there being less traffic on the roads. 38,680 people also died in car accidents last year, a 7.2% increase from the year before. Determining fault in a car accident, although rarely straightforward, is essential for ascertaining who’s responsible for paying for vehicle and property damage and liable for personal injury. Witness statements, police reports, insurance claims, and court cases can all play a role in determining fault.
Police report
Following a car accident, the police will assess the scene and compile a report detailing vehicle damage and location after the crash — this typically helps clarify who’s at fault. For instance, if your car was rear-ended at a stop light, the other driver is likely at fault here. Additionally, the police will collect witness statements (including from vehicle passengers) and ask questions to ascertain whether special circumstances were to blame (driving under the influence, speeding, or cell phone use, for example). A police report will also be needed to file an insurance claim.
Insurance claim
After filing an insurance claim, the insurer will determine fault. If the other driver is at fault, your insurer will use the legal right of “subrogation” to seek restitution from their insurer. A simple case only involving a small amount of money can be taken to a small claims court, which usually permit lawsuits of up to $10,000 (although some are limited to $2,500). However, insurers typically work to reduce or deny coverage, FVF Law, an Austin car accident lawyer explains. An experienced attorney can advise on the best way to handle your insurance claim, as well as communicate with your insurer on your behalf.
Taking your claim to court
Most claims are settled before going to trial, but if you end up going to court, the jury will decide who’s at fault. Most states follow the principles of “comparative fault”, which means blame is split between both parties. If the other driver is responsible for 75% of the accident, they pay 75% of your damages. However, you could also be sued for the 25% role you played in the accident. North Carolina, Maryland, Virginia, Alabama, and the District of Columbia are “pure contributory negligence states” — meaning you can’t sue the other driver even if you’re only 1% at fault.
Along with the details of the accident, determining who’s at fault largely depends on the state you’re in. By working with a personal injury lawyer, you can ensure the best outcome for your case.
