Determining who is at fault after a car accident is one of the most important steps in any personal injury case. Fault affects everything—from whose insurance will pay for damages, to how much compensation an injured person may be entitled to. But fault is not always straightforward. Insurance companies, police officers, and attorneys each look at different types of evidence, and disagreements are common.
At Mansfield Melancon Injury Lawyers, we help accident victims understand how fault is established and protect their rights when insurance companies try to shift blame. Here’s a clear explanation of how fault is determined, what evidence matters most, and when you need a lawyer to intervene.
What Does “Fault” Mean in a Car Accident?
Fault refers to the party—or parties—responsible for causing the crash through negligence. Negligence occurs when someone fails to act with reasonable care, such as:
- Distracted driving
- Speeding
- Following too closely
- Running a red light
- Failing to yield
- Driving under the influence
The party who is at fault (or their insurance company) is typically responsible for paying for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Other accident-related losses
How Fault Is Determined After a Crash
Police Reports
Police officers document their observations at the scene, including statements from drivers and witnesses, visible damage, road conditions, and traffic violations. The report may list the officer’s opinion of fault, which is influential but not legally final.
Insurance Company Investigations
Insurance adjusters examine:
- Vehicle damage
- Photos and videos
- Driver statements
- Medical records
- Witness statements
They often look for reasons to reduce or deny claims, especially if more than one driver may share fault.
State Traffic Laws
Fault is evaluated based on how each driver complied with traffic laws. Violations such as speeding, improper lane changes, or failing to yield can strongly indicate fault.
Witness Statements
Neutral third-party witnesses help clarify what happened, especially when drivers’ accounts differ.
Physical Evidence
Evidence such as skid marks, vehicle resting positions, surveillance footage, and crash damage can help reconstruct how the collision occurred.
Accident Reconstruction
In complex cases—such as multi-vehicle crashes—experts may analyze the crash using engineering principles, black box data, and forensic evidence to determine speeds, angles, and impact points.
Comparative Fault: Shared Responsibility
Many states use comparative fault, meaning that more than one party can share blame for a crash. For example:
- If you are found 20% at fault, your compensation may be reduced by 20%.
Insurance companies often use this rule to shift blame onto injured victims, reducing payouts.
Common Examples of Shared Fault:
- One driver speeds while the other fails to yield
- Both drivers are distracted
- A rear-end collision where the front driver stopped suddenly
Why Insurance Companies Dispute Fault
Insurers have a financial incentive to minimize payouts. They may:
- Misinterpret the evidence
- Take statements out of context
- Claim injuries are unrelated
- Argue you contributed to the crash
This is why you should never admit fault or give a recorded statement without speaking to a lawyer first.
What You Should Do to Protect Yourself
- Call the police and ensure a report is filed
- Take photos of the vehicles, scene, and injuries
- Collect witness information
- Seek medical attention immediately
- Do NOT apologize or admit any fault
- Contact a personal injury lawyer before speaking to insurance
When to Hire a Lawyer
You should contact an attorney if:
- Fault is being disputed
- You are being blamed unfairly
- You suffered injuries
- The insurance company is pressuring you to settle
- Multiple vehicles were involved
- You are unsure what evidence is needed
An attorney ensures that fault is evaluated fairly and that your claim is not reduced due to errors, assumptions, or insurance company tactics.
Frequently Asked Questions
Can I still recover money if I was partially at fault?
In many states, yes. Your compensation may simply be reduced by your percentage of fault.
Does the police report determine final fault?
Not always. It is influential but not legally binding.
What if the other driver lies?
Evidence, witnesses, and expert analysis can counter false statements.
What if there were no witnesses?
Physical evidence, video footage, and reconstruction can still prove fault.
Contact Mansfield Melancon Car Accident and Personal Injury Lawyers for a Free Consultation
If you were involved in a crash and fault is being disputed, don’t leave your case in the hands of the insurance company. Mansfield Melancon Injury Lawyers can help protect your rights, gather evidence, and ensure you receive the compensation you deserve.
Contact us today for a free consultation. You pay nothing unless we win your case.
We proudly serve East Baton Rouge Parish, Lafayette Parish, Orleans Parish, and their surrounding areas:
Mansfield Melancon Car Accident and Personal Injury Lawyers – Baton Rouge Office
404 Europe Street
Baton Rouge, Louisiana, 70124
(225) 263-4787
Mansfield Melancon Car Accident and Personal Injury Lawyers – New Orleans Office
365 Canal Street Suite 415
New Orleans, Louisiana, 70130
(504) 294-3804
Mansfield Melancon Car Accident and Personal Injury Lawyers – Lafayette Office
1318 Camellia Boulevard Suite 206
Lafayette, Louisiana, 70508
(337) 473-2991
Mansfield Melancon Car Accident and Personal Injury Lawyers – Metairie Office
111 Veterans Memorial Blvd, Suite 255
Metairie, Louisiana, 70005
(888) 601-0127