How Is Fault Determined in a Car Accident?

Fault in a car accident is determined by a constellation of facets: evidence from the accident, police reports, insurance adjuster assessments, and expert analysis.

Determining fault is a major part of all accidents and can obviously heavily affect the outcome of the process, including which party receives what compensation. Before you get to property damage claims after a car accident, fault has to be established. This article will look at the process of determining fault and some ways to bolster your side of the case.

Relevant Factors

There are four major factors to determining fault, some of which you can influence, and some over which you have no control:

Evidence

It might seem as though, as a person involved in an accident, you have no power over the collection of evidence, but you actually have a major role to play. Once you’ve established that everyone is safe and you’ve called 911, the next thing you should do is document the accident. 

Take photographs and videos of the vehicles involved, the road conditions and signs, and any injuries you’ve sustained. It’s important to over-document in these moments. Having just been in an accident, it may be difficult to think clearly, and it’s likely you might not document details that seem unimportant.

Collecting evidence at the scene of the accident also means talking with eyewitnesses. By the time the police arrive, anyone who actually saw the accident may have left, so it’s possible that you’ll be the only one who can make sure their testimonies are a part of your case.

Police Report

This is part of why calling the police right after an accident is important–it begins a paper trail of documentation that will record detailed accounts of the facts. Police reports include time, location, weather conditions, and descriptions of the vehicles and damage sustained. They also include accounts of the accident given by those involved and any witnesses.

Adjuster Assessments

Insurance companies can have the largest influence on determining fault. Their involvement in the process begins, after the initial report, by assigning an adjuster to the case.

This person will review the police report, documentation of the accident, witness testimonials, and whatever other information is at their disposal. They will also examine the vehicle to assess the damage done and calculate the cost of repairs and whether or not the vehicle has been totaled.

This often only happens in more complex cases, but insurance adjusters might also conduct their own interviews of the drivers involved, passengers that might have been in either vehicle, and recorded witnesses. They might also go one step further and involve expert witnesses.

Accident Reconstruction

Accident reconstruction specialists are experts at understanding the physics of accidents. They will analyze the documentation of the accident and the environment, assessing patterns of movement, the kind of damage done to the vehicles, any skid marks on the road, and other facets of information. 

Using this, they will try to reconstruct what happened when. For example, their testimony can be a part of how speeding affects liability in car accident claims.

Medical Experts

Medical experts are often used to assess injuries sustained in accidents, what treatment and recovery could look like, and how these injuries were sustained. They are sometimes used to debunk claims that injuries were sustained in an accident that were actually caused before or after the fact.

Navigating the Process

Much of the aftermath of a car accident is messy, and when fault is unclear, determining who is responsible can be one of the most complicated parts. Hiring a lawyer from Gage Mathers to be on your side not only ensures you aren’t alone as you navigate the process, but ensures you have the help you need when it comes to negotiating with adjusters, collecting new evidence, and contacting expert witnesses–all of which can be vital in securing the compensation you deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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