how is fault determined in a car accident?

Determining fault in a car accident injury case can be difficult, but there are many ways to make this happen.

Car accidents usually involve multiple people. Establishing fault is essential so the at-fault party can be held responsible and pay for the victim’s damages.

Establishing who is at fault can help you earn the compensation you deserve if you’ve been injured in a car accident. Allbee Law Firm knows how devastating a car accident can be, so we will do our absolute best to gather the evidence needed to prove that the other driver was truly at fault Let us work on the legal issues while you focus on recovering from your injuries.

During the investigation process, we will request a copy of your accident report, identify and contact witnesses, and obtain pictures of the property damage, accident scene, and your injuries. We have the experience to know what is necessary to build a winning case, and we are relentless when it comes to gathering evidence that will help you prove your case. If you or someone you know has been in a car accident in Dallas, Texas, call a car accident lawyer from Allbee Law Firm today to schedule your free consultation.

What is Fault?

In car accident cases, fault refers to whoever was responsible for the accident.

Several people can be at fault for a crash. In most cases, the person who caused the majority of the collision will be responsible for the other people’s damages, such as lost wages, medical bills, and pain and suffering.

Sometimes it’s simple to determine fault. Maybe you have camera footage and witnesses who testify that the other driver caused the accident. Other times it’s unclear.

When filing a car accident claim or going to court, fault needs to be established so the responsible party can financially compensate the injured party.

The fault often goes hand in hand with negligence. Negligence is when someone fails to act as a reasonable person should in a specific situation.

For example, if someone was drinking and driving and caused a crash, they’d be found at fault for the accident because a reasonable person wouldn’t drink and drive.

If your car accident lawyer has enough evidence to prove that the other party was negligent, they can most likely also establish fault.

Ways to Establish Fault

Establishing fault after a car accident determines whether or not you’ll earn compensation.

Here are some ways fault can be established for a car accident injury case.

Involved Drivers

Many drivers who are involved in car accidents admit that they are at fault. Sometimes the at-fault driver might get heated after the crash and start trying to blame you or others. Sometimes those drivers will have a change of heart and admit that they were distracted while driving, which caused the wreck. Regardless of how the other driver reacts, remember that evidence, and not necessarily what the other driver says at the scene, will determine who is deemed to be at fault.

Anything you say after a car accident can be used against you, so don’t admit fault.

Accident Reports

After a crash, you should call the police so they can file an accident report. The police officer will investigate what happened at the accident scene, and they’ll get everyone’s side of the story.

In court, lawyers commonly use the police report as evidence to show who was at fault for the wreck.


If there were people around who witnessed the crash, they could help establish fault. This is especially true if there were several eyewitnesses and they all have similar stories.

For instance, if three witnesses say that the same driver caused the crash, then it’s likely that a judge and jury will agree with the witnesses.

Insurance Adjusters

In some situations, an insurance adjuster will visit the accident scene to see if they can determine fault. They’ll try to find evidence that shows who was responsible. For example, they might look at vehicle damage and traffic footage to identify the at-fault party.

It’s important to note that if the fault is unclear and your lawyer and the other driver’s insurance company can’t come to an agreement, you’ll likely have to go to court. In this case, a jury will look at the evidence to determine who’s at fault for the accident.

What Happens in Shared Fault Cases?

States use three common standards to determine fault in a car accident case when several drivers are responsible for an accident.

Pure Comparative Negligence

States that use pure comparative negligence make drivers involved in a crash pay for the percentage of damages that they caused.

So if they caused 50% of the accident, they’re responsible for paying for that exact percentage of damages.

Modified Comparative Negligence

States that abide by modified comparative negligence say that drivers who are 50% or more responsible for the accident must pay their share of damages. Additionally, they cannot collect compensation from the other drivers. On the other hand, if they’re less than 50% at fault, they’re entitled to financial compensation.

Texas follows the modified comparative negligence standard.

Contributory Negligence

In states that follow contributory negligence rules, if a driver caused even a small portion of the damages, they won’t earn any financial compensation. In addition, they’ll be fully responsible for the damages they caused.

Do You Need More Info About How Is Fault Determined In A Car Accident? 

Do you need help proving someone else was at fault for your damages? A car accident attorney from Allbee Law Firm will help. We have the experience and drive needed to help you win your case, and we won’t stop until you earn maximum compensation for the accident.

Contact us today to schedule your free consultation.


Search Our Website

Skip to content