How Fault Is Determined in a Car Accident

Fault is central to all auto accident cases in some states. While some accidents are obviously the fault of one particular driver, many others actually involve shared fault to some degree even when there are only two vehicles in a collision. The most important aspect of fault is that it determines the amount of insurance benefits available to those involved based on their personal contribution to causing the accident, with total benefits available through litigation being discounted by the assigned comparative negligence of each driver.

The problem is that this is by no means a scientific process, and it is always the most intense component of an accident settlement negotiation when insurance companies think they can reduce the settlement amount by contesting in court that the injured claimant is largely responsible for their own injuries. This is also when it is vital to have an experienced car accident attorney representing your case who understands how to craft a case for maximum settlement value.

Official Accident Investigation

All auto collisions will typically be investigated by the local law enforcement officials unless damages are minor and both parties can drive away from the scene. Leaving the scene of an accident is a crime, full stop.

Upon arrival, police officers will conduct an investigation, including interviewing all involved parties if they are not seriously injured. Serious accidents can be difficult to unravel when all accounts cannot be ascertained, and a police report may not be readily available immediately following a crash. The official accident investigation will commonly contain specific information regarding:

Witness Statements
Damage Assessment
Traffic Citations
Names of All Involved Individuals
Pictures

The official accident report does not indicate who was actually at fault unless a driver makes an admission. Admitting fault for an accident to a police officer or other party is never a good decision because evidence may always tell a different story later and you always should let the facts speak for themselves rather than saying something you might regret later.

Independent Accident Investigations

When an auto accident results in serious damages, insurance companies often employ their own crack squad of investigators and adjusters to mitigate payouts for the sake of their bottom line. Defendants such as trucking companies can also conduct independent investigations apart from those conducted by officers and accident reconstruction specialists, often attempting to influence the state evaluation.

Both trucking companies and their insurers are always aggressive in defending claims even when commercial vehicles cause accidents with obvious issues of company driver negligence. In addition, determination of fault in multi-car collisions can be even more complicated because each victim will have a legal team and an insurer also, with each of them potentially having opposing, contradictory accounts.

Jury Assignment of Fault

Accident cases that go to litigation are almost always centered around fault or gross negligence. The lower the comparative negligence rating for a defendant, the lower the final settlement awards will be if the defendant insurance company is not found to be acting in bad faith. The jury can use all evidence in the case from all parties in addition to the official accident report from the police officer investigation when making a final determination of the comparative negligence percentage for each driver. This is then used to calculate a final award, including punitive damages in gross negligence cases.

Contact an Award-Winning Car Accident Attorney at Law Brothers

Never let an insurance provider or a contending negligent party deny you the full and fair monetary compensation you deserve. Always retain an experienced and aggressive car accident law firm like the legal professionals at Law Brothers who have a long track record of success. The attorney you call can make a major difference. We are THE difference maker when it comes to negotiating and litigation car accident claims.

Practice Areas

The Law Brothers^® have successfully litigated in the following personal injury practice areas

What Our Clients Say

Honestly can't say enough positive things about the Law Brothers! I got into a severe car accident at the end of 2016 and they've been with me every step of the way ever since. Almost 4 years! I want to thank everyone there especially Caitlyn, Shawn, and Yasmeen. They have been responsive, helpful, and reassuring and I don't know what I would've done if I didn't have the legal support that I was able to get along the years. They are super professional and really helped me get through this hardship in my life. I would definitely recommend!!!

Ivonne K.

Last year I contacted your law firm when I got into a car accident. the gentleman that handled my case, his name was Cesar. Cesar was very helpful and compassionate about my situation. He helped me get my car fixed very quickly and was super patient with me. He answered all of my questions and ensured me that everything will be taken care of. Once my case was settled I ended up getting more than I was expecting, which was amazing. I highly recommended Cesar and this law firm to anyone that needs help.

William Charlton

I was a client to the Law Brothers firm for about a year, the staff is really nice and professional. I would get updates on the case status and when I did call I would usually get a call back within 24 hours. I really appreciate the work that was done for me. I got the most out of my settlement and when I called to have a break down of the costs, Genesis was very patient and gave me a break down on all of it. I will definitely recommend this law firm to friends and family, as well as call them in the future if needed (hopefully not soon).

Erendira Landa

I had gotten into an accident and had no idea what to do. Friends and family recommended I get a lawyer since I was not at fault. I found this firm and I was beyond impressed. They handled everything for me from car insurance questions to finding doctors for me to visit. After my accident all I had to do was make appointments with various doctors to help with my pain. I give five stars because this firm went above and beyond and continued to follow up with me. I highly recommend if you are in need of a lawyer to use them.

Jacqueline D.

The team at the Law Brothers we’re amazing! I am not the kind of person to seek legal counsel, but I was hit by a car while riding a motorcycle and the driver’s insurance was avoiding my attempts to get reimbursed. They were able to not only get a settlement that replaced my motorcycle, but they found me physical therapy which was close to my work. Now I am back to where I was physically before the accident and I am able to ride a motorcycle again. They were always responsive to my texts, calls, and emails. They even would systematically check to see how I was healing and if the support they linked me to was satisfactory.

Charles Mortensen

This law firm is a team of miracle workers! The Law Brothers Law Firm saved me from suffering at another law firm from Century City. My case manager Jonathan was able to gather all the details from my accident ( literally within a week! ) and keeping me updated consistenty to keep me at ease. They work diligently and keep at it until your case is completed. I went through a car accident that almost took my life away but thanks to the higher power and the Law Brothers, you won't even hesitate to choose them because I felt trust and integrity throughout my case and I feel happier in my life, which in my opinion, matters the most at the end of the day.