Car accidents are a sobering reality for millions of individuals throughout the world every year. Because of the massive financial and personal consequences involved in many cases, the determination of fault in an accident is a huge task. Laws regarding fault in accidents often change and can vary by state, highlighting the importance of motorists consistently staying informed and educated.

Process of Finding Fault

While the police may be the first on the scene to make an official report about an accident, insurance companies always have the final say on which motorist is at fault. It is important to note that not every accident results in one driver being completely liable for damages. Different states have specific sets of guidelines for assigning a percentage fault for all drivers involved in an accident.

Traffic Violations

The most conclusive factor in assigning fault involves the violation of any traffic laws. As a general rule, the motorist who commits a traffic offense resulting in an accident will most likely be the one held responsible for most or all of the damages involved. Common traffic violations that will result in partial or total fault include the following:

• Speeding
• Tailgating
• Talking or texting on a phone while driving
• Racing
• Ignoring traffic signals and signs
• DUI's and DWI's
• Changing lines without proper signaling

Accident Type

Another important factor in determining fault is the type of accident that occurred. Drivers who rear-end another car, or who get in an accident while making a left-hand turn are almost always at fault in an accident. However, extenuating circumstances such as a motorist slamming on their brakes for no legitimate reason or running a red light and hitting a car making a left-hand turn can alleviate or eliminate liability. Unfortunately, it can be very difficult for drivers to prove their innocence in these situations, so all drivers should take extra precautions to avoid rear-ending a car or getting involved in an accent while making a left-hand turn.

Evidence at the Accident Site

Sometimes, seemingly insignificant evidence at the scene of the accident is used by insurance companies to shift liability. Statements made by drivers that imply guilt such as "I'm sorry, I didn't see you" or "I didn't mean to hit you" are often enough for insurance companies to assign fault. If all drivers refuse to admit culpability, witnesses of the accident can also be used to offer observations and insight as to who may have caused the accident.

Fault vs. Non-Fault

The two types of accident liability laws are fault and non-fault liability, a distinction that varies by state. Fault liability requires insurance companies to pay an amount of money based on the percentage of responsibility that a driver bears in an accident. Drivers in this system may not receive all the compensation they feel they need and as a result, have to sue to cover expenses not covered in the settlement made by the insurance company. Non-fault liability allows drivers to receive compensation for expenses such as medical bills and loss of wages regardless of whether or not they are at fault in the accident. However, drivers in this system are not able to sue the other driver for additional compensation. 12 states currently operate under a non-fault system.