How To Determine Fault In A Car Accident

Gavel judge and a car accident in the background. Traffic accident, insurance, foreclosure, fault.

Being injured in a car accident caused by someone else’s negligence can be frustrating. Depending on the severity of your injuries, you may have to stop working and lose your income to heal and recover. You may also face some financial issues, especially if you don’t have enough money to pay for your medical bills and other related expenses.

Fortunately, as an injured party, you may be entitled to file a personal injury claim to get compensated for all your losses. But before receiving your compensation, you must determine the other party’s fault in a car accident. Otherwise, you don’t get anything.

So, how can you determine fault in a vehicular accident? Read on to learn more.

  1. Establish The Elements Of Negligence

Fault in a car accident means determining whose carelessness is to be blamed for what happened. Hence, if you want to know who is at at-fault for the collision, you need to demonstrate that the person who caused you an injury should exercise a reasonable standard of care to drive safely but failed to do so, resulting in an injury and damages. For example, you may present evidence to show that the alleged at-fault party was speeding, thereby causing a collision with another vehicle.

However, establishing the elements of negligence in your car accident case can be complicated if you’re not a legal expert. Hence, you need the assistance of a legal professional to prove that the other driver’s negligence caused the accident and the injury. But if you want to know more about how a lawyer can help, you can talk to some storied experts or visit reliable legal websites to get more information.

  1. Send A Police Officer To The Accident Scene

Aside from calling a lawyer, it would also make sense if you contact and send a police officer to the accident scene. They will investigate and gather all the essential information to help determine the other driver’s fault or negligence. For example, they can check the road conditions where the accident happened, the presence of any traffic lights, obstructions, skid marks, and other vital conditions.

Once the investigation is finished, the police officer will issue a police report indicating all the essential information associated with the car accident. The report may also include citations for any motor vehicle violations indicating a fault by the other driver.

  1. Perform The Discovery Procedure

Another way to determine who is responsible for the car collision is by conducting discovery. It’s a process of gathering information from the parties involved in the case, including the witnesses. Unlike other forms of investigation, a lawyer performs the discovery procedure, which consists of three parts. These can include:

  • Depositions: These are oral examinations that a lawyer can ask the other party to elicit important information about the car accident.
  • Interrogations: These are written questions asked and submitted to the other party to gather relevant information about the collision.
  • Request for production of documents: One party may request to produce essential documents from the other party to obtain information. For example, your lawyer may request contracts between a truck driver and a trucking company.

Indeed, there are different discovery methods to consider if you want to elicit knowledge about car accidents. Hence, if you want to know who is at fault, make sure to get the most out of them with the assistance of your personal injury lawyer.

  1. Work With Traffic Reconstruction Experts

You may also know who is at fault in a car accident by working with traffic reconstruction experts. These professionals can exactly show how the collision happened and caused injuries to the injured victims. They can be a traffic engineer, computer graphics specialist, or other related professionals who can testify and provide insight as to who can be liable for what happened.

Car crash dangerous accident on the road.
  1. Gather Physical Evidence

Determining who is at fault for the vehicular accident requires the presentation of physical evidence. Without them, you’ll be unable to support your claim and, as a result, jeopardize your chances of recovering the proper compensation for all your losses.

Hence, with the help of your lawyer, you’ll be able to collect pieces of evidence, such as medical records showing that your injury was caused by the vehicular accident, photos of your injury, photos of the accident scene, and other forms of documentation. All these pieces of physical evidence may help you find out who is to be blamed for the auto accident.


Determining fault in a car accident can be crucial in getting compensation for your injuries. Therefore, if you file a personal injury case against the other driver, keep the information mentioned above in mind. That way, you’ll know the person liable for the accident that has injured you and changed your life forever.