How Is Fault Determined in an Accident?

Accidents are a regrettable possibility of driving that can leave a trail of property damage, personal injuries, and questions about who was at fault. Determining fault in an accident is vital for legal and insurance purposes and for promoting safer driving practices.

However, determining fault can be tricky. From the observance of traffic laws to the collection of physical evidence and witness testimonies, many factors come into play throughout the investigation process determining fault.

Choosing the best car accident lawyer is key to protecting your rights. Understanding and processing the legal complexities of your case helps maximize your chances of receiving fair compensation for any damages incurred. 

At Gage Mathers, our fearless team of personal injury lawyers will work tirelessly to get you justice and the highest possible financial award after an accident.

Fault Determination Methods Can Vary

If you’ve been in an accident, you aren’t alone. In 2020, the National Highway Traffic Safety Administration reported more than five million police-reported crashes, which left more than two million people injured and thousands killed. Another 3.5 million crashes only reported damage to the car and other property.

The legal process can be difficult–even if you don’t suffer major damage or injuries. There are different methods to determine who’s at fault, and all are important if you’re seeking accident settlements for car accidents. 

Drivers Involved in an Accident Need to Take Care

At the scene of an accident, it’s easy to say something that accidentally implies fault. This can unintentionally incriminate you or the other party. 

Rather than acting in the heat of the moment, take the time to gather driver’s license and insurance information from anyone involved in the accident. Take photos, exchange contact information, and wait for the police, if necessary. This is important for properly reporting the accident.

When Police Are Involved

When police are on the scene of an accident, they investigate, assess injuries, and review damage. This information could determine the severity of the crash and who is at fault. 

Some cases are more obvious than others, such as when a person runs a red light or rear-ends a car in front of them. By creating scene diagrams and interviewing witnesses, the police may determine if any drivers involved were distracted, speeding, or under the influence.

Police reports are crucial and influential documents for insurance claims and legal proceedings, but they’re not always perfect. Without an officer present, you can file a report at the closest police station or online to protect yourself in future legal proceedings.

Leave It Up to Insurance Companies

Filing an insurance claim is not hard. Anyone involved in an accident can file a claim with their insurance company almost instantly online or over the phone. Once all parties have submitted their claims, the insurance companies talk to each other and decide who’s at fault. 

Depending on the type of coverage you have, your insurance company will work with you to assess and pay damages. If you are not at fault, your insurance company could go after the other party to pay for damages and, in some cases, refund your deductible. 

Insurance companies tend to maximize blame to avoid paying claims. However, even if you’re at fault, you could still have a case.

When a Case Heads to Arbitration

Insurers don’t always agree. When they can’t decide who’s liable, the case may end up in arbitration. During arbitration, a private entity looks at the damage and determines fault. 

This approach is common and can streamline the resolution process. This can be a logical alternative to lengthy legal proceedings.

Going to Court

If necessary, you could end up in a courtroom, leaving your fate to a jury. In court, juries are the ultimate determiners of fault. Most claims are settled before they reach this stage, which can be a lengthy and costly process. Different states have different rules, so it’s important to consult an attorney about the state’s laws and proceedings.

The Support You Need

Even if you feel you may be at fault, it’s possible to share the blame in an accident. A personal injury lawyer can fully evaluate your accident circumstances and find a way to minimize fault as you recover. The team at Gage Mathers Law Group has extensive experience and can help you get the best possible outcome!

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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