Finding out who was responsible or negligent in a car accident is critical to resolving a claim. Evidence, legal requirements, and factual data will be used by insurance companies, attorneys, and courts of law to determine who was at fault.
Understanding the process of how this is done will help individuals file a better auto accident claim and assist them in responding to the accident more effectively.
For those trying to get compensated for an accident, proving fault is usually the first step in successfully receiving compensation. Many things can affect the result of a case, and understanding how the evidence and the legal requirements apply is essential to winning a car accident claim.
Let’s find out how fault and negligence are determined in car accident cases.
What is Negligence in Connection with Car Accidents?
Negligence means that a driver did not act reasonably, thus causing an injury or damage. Courts assess whether the driver was “acting reasonably” based on what other drivers have done in similar situations.
The elements of negligence are:
- The Duty of Care: Each driver has the responsibility to drive in a safe manner and to obey the laws of the road.
- The Breach of Duty: The driver has broken a traffic law or driven carelessly.
- Causation: The breach of the duty has directly resulted in the accident.
- Damages: There has been bodily, emotional, or financial harm to someone as a result of the cause of action.
How Do Investigators Determine Fault?
To determine liability, investigators use many sources of information and evidence by working together with accident investigators, police or state troopers, and attorneys in order to recreate the events of an accident.
Some common types of evidence used in determining liability are the following:
- Police accident report
- Witness statements
- Traffic camera footage or personal dash camera footage
- Vehicle damage
- Road conditions/weather conditions
- Cell phone records or the manner of driving
Is a Traffic Violation Enough to Establish Liability?
No. Although traffic law violations may serve as evidence of negligence, investigators will investigate the entire situation to determine whether or not the violation caused the accident.
A few examples would be
- If someone runs a red light, that person is most likely going to be found to be liable.
- Speeding is typically a factor, but alone it may not be enough to be found liable.
- Mechanical failure due to a defect in the vehicle may shift the liability.
- Many states have comparative negligence statutes so that fault can be apportioned between the two drivers.
What Factors Will Insurance Companies Consider When Determining Negligence?
Insurance companies will use their own guidelines in conjunction with legal definitions of negligence so that their primary goal, which is to determine the amount of money they are financially liable for, is achieved.
Some of the things they will typically consider include:
- Statements from the driver and timelines of the accident.
- The driver’s previous accident history.
- Estimated cost of repairs.
- Medical reports and a timeline of injuries.
Can Liability Be Shared Between Drivers?
Yes. Many jurisdictions apply either comparative or contributory negligence as an avenue by which to establish shared liability.
A few common shared liability scenarios are:
- Both drivers change lanes at the same time.
- One driver was speeding while the other driver made an unsafe lane change.
- Adverse weather conditions and driver error are contributing factors.
When drivers share liability for an accident, the amount of compensation that either driver will receive will be reduced based on their percentage of liability.
Takeaways
- Fault determination relies heavily on credible evidence.
- Negligence requires proving duty, breach, causation, and damages.
- Traffic violations strongly influence fault but are not always final proof.
- Insurance companies conduct independent liability evaluations.
- Shared fault can reduce total compensation.
- Expert analysis can strengthen complicated cases.
