How Fault Is Determined After a Crash
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. 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.
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, or driving under the influence.
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, and 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.
Physical Evidence and Accident Reconstruction
Evidence such as skid marks, vehicle resting positions, surveillance footage, and crash damage can help reconstruct how the collision occurred. In complex cases, experts may analyze the crash using engineering principles, black box data, and forensic evidence.
Comparative Fault: Shared Responsibility
Many states use comparative fault, meaning that more than one party can share blame for a crash. 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.
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
Contact a New Orleans Car Accident Lawyer at Mansfield Melancon Injury Lawyers for a Free Consultation
If you were involved in a crash and the fault is being disputed, don’t leave your case in the hands of the insurance company. Please contact Mansfield Melancon Injury Lawyers to schedule a free consultation with a New Orleans car accident lawyer today.