Who Is Responsible: Accident Fault FAQs

If you’ve been injured in a crash, whether the type of accident was a slip and fall, car accident, or medical malpractice, it can be hard to prove who’s responsible. 

Below are some answers to frequently asked questions about accident fault. See FindLaw’s Who Is Liable? section for additional articles and resources.

What Is Negligence?

Negligence describes any careless behavior that causes or contributes to an injury. For example, if you failed to stop at a red light and hit someone else’s car while going through an intersection, you were probably acting negligently.

To prove negligence and win your lawsuit, you generally need to prove five elements:

Element 1: Duty

This element is often phrased in the question, "Did the defendant owe a duty to you (the plaintiff)?" Duty arises in many forms. For example, a store owner owes customers a duty to keep the premises reasonably safe to prevent injuries. In car crashes, drivers on the road have a duty (to all the other drivers on the road) to drive safely.

Element 2: Breach of Duty

After defining the duty, a determination must be made regarding whether the defendant breached their duty to you (the plaintiff).

To prove this element, you must show that the defendant failed to act as a reasonable person would act under the circumstances. An example of a breach of duty is texting while driving.

Element 3: Cause in Fact

This is commonly called the "but-for" test. If you can show that, but for the defendant’s actions, you wouldn’t have been injured, then you have satisfied this element.

For example, if a defendant wasn’t drunk driving, a pedestrian legally crossing the street at a crosswalk would not have been injured due to being struck by the defendant’s car.

Element 4: Proximate Cause

This relates to the proximity of the defendant’s actions to the harm at issue. Your injury must flow directly from the proximate cause. There may also be more than one proximate cause.

For example, suppose a defendant hits and injures a pedestrian while driving. Then, at the hospital, the injured pedestrian calls their elderly grandma to tell her about a broken leg. If the pedestrian’s grandma suffers a stroke, that injury may be outside the proximate cause of the at-fault driver’s actions. This element has an air of fairness around it and often asks whether it is fair to attribute the injury to the defendant’s actions.

Element 5: Damages

You must be able to show damages to prevail in your lawsuit. In a personal injury case, damages often include medical bills, lost income, pain and suffering.

In most injury situations, a cause of action (lawsuit) for negligence is the most common scenario. If you can prove all of the above elements, you have a chance of succeeding on your claim. A personal injury attorney can be invaluable in helping you determine whether you have a viable personal injury claim.

I Was in a Collision. Do I Need to Prove Who Was at Fault?

If you were just in a car crash, legally proving fault may not be your top priority. Often it isn’t even necessary. That’s because you’ll likely be dealing with insurance companies, not the legal system.

In most negotiations with insurance companies, you’ll merely present your side of the story in a clear and easy-to-understand way.

However, claims adjusters often look for issues in your case to lower its value and pay you less. Be prepared to stand your ground on the facts without being too aggressive. In a car collision case, if you’re dealing with an insurance company, you probably won’t need to present evidence detailing skid marks and lengths at the crash scene. Instead, you’ll give your account of the situation to your insurance representatives, either over the phone or via a letter. Common knowledge of the rules of the road can often be enough to get you the settlement to which you’re entitled.

It can help your case, though, if you give your insurance company some types of evidence. Things like police reports, witness information, and any medical records can be useful. Insurance adjusters appreciate photos or videos of the scene of the collision and photos showing the extent of your injuries.

I Was Hurt in a Crash. Can I Get Compensation Even if I Was Partly Responsible?

In most situations, you can receive compensation even if you were partially to blame for a crash. In most states, your personal injury award will be reduced by the amount you were negligent.

For example, suppose the accident fault for an automobile collision is found to be 80% the fault of the other driver and 20% your own fault. In that case, your injury award would be lessened by 20%. If your injuries amounted to $10,000, you would receive $8,000. This is called the rule of comparative negligence.

There are a few states that follow the older rule of contributory negligence. Under this rule, if you’re at all responsible for your accident, you’re barred from receiving any award for your personal injuries. Even in contributory negligence states, you may still get some money for your injuries by negotiating with your own insurance company.

Can I Still Be Compensated for My Crash Injuries if My Physical Limitations Made the Accident More Likely or My Injuries Worse?

Yes, you can still receive compensation for accident injuries, even if you have physical limitations that made the motor vehicle accident more likely or your injuries worse. For example, suppose you have a medical problem that makes jarring motions to your head more dangerous than to other people. You have the right to recover for your car accident injuries even if your injuries are worse than would have been sustained by a person in good health.

It doesn’t matter what limitation you may have; you have the right to be free from unnecessary danger caused by other people. If you have a serious condition, such as arthritis, that is aggravated by an accident, your compensation may be higher because of the need for future treatment.

What Are "No-Fault Laws" and "No-Fault Insurance?"

About a dozen states have no-fault laws regarding injury claims for automobile accidents. In no-fault states (including Pennsylvania, Florida, New York, and Massachusetts), drivers are released from liability to varying degrees for causing bodily harm in an accident.

Generally, no-fault insurance policies cover bodily injuries sustained by the insured, regardless of fault. No-fault insurance, also known as personal injury protection (PIP), covers your loss of income and medical expenses even if you were the at-fault party.

Will My Insurance Company Raise My Rates if I’m Partly at Fault for a Car Accident?

If you’re found to be at fault for a car crash, whether partially or otherwise, your insurance rates are almost guaranteed to increase. The amount or percentage of the increase varies depending on your insurer.

That said, some auto insurance companies offer ways to reduce the percentage of the increase. You may be able to take a defensive driving course to offset part of the increase, for example. Contact your insurance carrier to inquire about your options for reducing the cost of your insurance coverage.

Get Professional Legal Help with Your Accident Fault Questions

Most auto accident claims can be handled without an attorney. That’s especially true if you don’t have any bodily injuries. Sometimes legal action isn’t needed. When bodily injury or significant property damage is involved, it’s best to leave it to the experts.

Contact a local car accident attorney today for legal advice to increase your chances of receiving fair compensation for your medical treatment and other expenses. An experienced car accident lawyer can offer legal representation and help you negotiate settlement offers or navigate a personal injury lawsuit. Some law offices even offer free case evaluations.