Car accidents are a stressful experience, and unfortunately, they happen all too often. In Australia alone, the road accident rate was 4.54 per 100,000 in 2022, and the number of road deaths has been steadily increasing over the last few years, with 2023 seeing the highest number of fatalities since 2018.

One of the most pressing questions after a car accident is determining fault: Who is responsible for the crash - as leaves people with injuries, car damage, and emotional distress, on top of the burden of dealing with insurance and repairs.

The answer to this question has a major impact on your insurance claim, any potential legal actions, and ultimately, how you recover from the trauma. This article will explain the 4 main factors that come into play when determining fault in a car accident.

4 Main Factors that Affect Fault Determination

Traffic Laws and Regulations

Certain traffic violations hold significant weight in assigning fault. These include:

• Police Reports and Citations:  Official documentation from responding law enforcement plays a vital role. Police reports detail the scene, witness statements, and often cite any observed traffic violations. ‍These citations serve as crucial evidence for insurance companies and courts.
• Speeding: Exceeding the speed limit is a clear violation and can be a major contributing factor, especially in accidents involving severe injuries.‍
• Failing to Yield: Neglecting to yield the right of way at intersections, stop signs, or merge lanes is a common cause of accidents and often points towards the driver who failed to yield being at fault.‍
• Running Red Lights: Disregarding red lights poses a significant risk and can be a strong indicator of fault.‍
• Driving Under the Influence (DUI): Operating a vehicle under the influence of alcohol or drugs is a serious offense and considerably weakens a driver's case in an accident.‍
• Other Relevant Violations: Depending on the specific circumstances of the accident, other violations like reckless driving, following too closely, or improper lane changes can also influence fault determination.‍

Driver Actions and Behaviors

• Distracted Driving: Texting, talking on the phone, eating, or adjusting in-car entertainment systems while driving all divert attention and reaction time, significantly increasing the risk of accidents. Evidence like witness statements, phone records, or dashcam footage can support claims of distracted driving.
• Aggressive Driving:  Tailgating, speeding excessively, weaving through traffic, and making frequent lane changes are all signs of aggressive driving. This behavior can lead to dangerous situations.
• Impaired Driving:  Driving while fatigued, drowsy, or under the influence of medication can have similar effects to DUI, hindering judgment and reaction time.

Vehicle Conditions and Malfunctions

Accidents aren't always caused by driver error. Mechanical issues can play a surprising role. Here are some common scenarios to consider:

• Brake Failure: Imagine a driver approaching a red light, pressing the pedal, and feeling a terrifying spongy sensation instead of the expected braking force. A malfunctioning brake system can cause a car to careen through an intersection, leading to a collision.
• Tire Blowout: High-speed blowouts can cause drivers to lose control, veer into oncoming traffic, or collide with objects on the roadside. Worn-out treads or improper tire inflation can increase the risk of such incidents.
• Steering System Malfunctions: A faulty steering system can make even minor corrections feel like wrestling with the wheel. In critical situations, this loss of control can be disastrous.

‍Environmental Factors

Not all dangers are human-made. Environmental conditions can also play a part in causing accidents:

• Adverse Weather: Dense fog can limit visibility to a few feet, essentially turning the road into a blind course. Heavy rain can create slick conditions, reducing traction and making it harder to stop or maneuver safely. Snow and ice can exacerbate these issues further.
• Road Hazards: Poor road maintenance (potholes, uneven pavement, large objects on the road) or inadequate signage can all create sudden hazards for drivers.‍
• Limited Visibility: Nighttime driving with inadequate headlights, poorly positioned construction zones, or smoke from a nearby fire can all restrict a driver's ability to see potential hazards.

In complex cases, an accident reconstruction expert or mechanical engineer can analyze vehicle data, damage patterns, and malfunction reports to determine if a mechanical or environmental issue was a contributing factor. They analyze weather reports to understand the weather conditions at the time of the accident, road condition reports to assess potential hazards on the roadway, and physical evidence to create a more complete picture of how it might have influenced the accident.

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READ MORE:

• 6 Most Impactful Types of Evidence to Prove Fault in a Car Accident
• Caused a Car Accident? Here's What Happens When You're At Fault (Be Prepared!)

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Alternative Resolution: Shared Responsibility & Comparative Fault

When Fault is Shared

Car accidents are rarely caused by a single action. Let's consider a scenario where a driver turning left misjudges the distance of an oncoming car that disregards a yellow light. In this case, both drivers played a role in the collision. The driver turning left might be assigned 30% fault for misjudging the distance, while the speeding driver receives 70% fault for their clear violation of the traffic signal.

Shared fault can also occur in seemingly clear-cut situations. For instance, a driver stopped at a red light gets rear-ended by someone distracted by their phone. While the distracted driver holds most of the blame, the stopped driver might have a small percentage of fault if their brake lights weren't working properly. This reduces visibility and could have contributed to the accident.

Determine the Percentage of Fault

So, how are these percentages determined? Assigning a percentage of fault is a truly complex process that considers several factors.

The severity of each driver's actions, any traffic law violations, and even environmental factors like weather or poor road conditions all play a role. Evidence such as witness statements, dashcam footage, and a thorough analysis of the accident scene are always needed for determining fault percentages.

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Understanding the 4 main factors that determine fault and liability in a car accident is a powerful tool, but only the first step. If you've been in a collision, especially when you're facing injuries or property damage, don't hesitate to consult with an experienced attorney who can be your trusted guide throughout the entire process and make a world of difference in your recovery. They can investigate the details of your case, gather evidence to support your claim, and ensure you receive fair compensation for your losses.