How Is Fault Determined in a Car Accident?

After a car accident, one of the first and most pressing questions that comes up is: “Who was at fault?” This isn’t just important for understanding what happened — it's crucial for determining who is financially responsible for damages, medical bills, and other losses.

For many drivers, fault may seem obvious, but from a legal perspective, proving fault requires evidence, careful analysis, and a clear understanding of the law. Insurance companies often conduct their own investigations, and unfortunately, they may try to minimize payouts by shifting blame or disputing your version of events.

At Hartounian, A Professional Law Corporation, we help accident victims throughout Glendale and the surrounding areas navigate this process and fight for the compensation they deserve. Below, we explain how fault is determined after a car accident and what you can do to protect your rights.

What Does “Fault” Mean in a Car Accident?

Fault refers to legal responsibility for causing an accident. The driver who is found at fault is typically the one whose negligence — or failure to exercise reasonable care — led to the crash. Fault can involve breaking traffic laws, driving recklessly, or failing to pay attention to road conditions.

In California, fault plays a direct role in determining who pays for the damages through insurance claims or legal actions. California is an “at-fault” state, which means the driver who caused the accident is financially responsible for the other party’s losses.

How Is Fault Legally Determined?

Fault is determined through an investigation that reviews the facts and evidence from the accident. Here are the most common ways fault is established:

Police Reports

Law enforcement officers who respond to the scene often create a detailed report that includes their observations, statements from drivers and witnesses, and sometimes an assessment of who was at fault. While not legally final, these reports carry significant weight in insurance claims and lawsuits.

Traffic Laws and Violations

If one driver violated a traffic law — such as running a red light, speeding, or making an illegal turn — this is strong evidence of fault. California’s traffic laws are designed to keep people safe, and breaking those laws is considered negligent behavior.

Witness Statements

Neutral third-party witnesses can provide critical insights into how the accident happened. Their statements often clarify details that may be disputed by the involved drivers.

Physical Evidence

Evidence from the scene, such as skid marks, vehicle damage, debris, and the final positions of the vehicles, can help reconstruct the events leading to the crash. Photos and videos taken at the scene can preserve this evidence.

Accident Reconstruction

In more complex cases, professional accident reconstruction experts may be brought in to analyze the evidence and provide an expert opinion on how the accident occurred and who was likely at fault.

Surveillance or Dashcam Footage

Video footage from nearby businesses, traffic cameras, or dashcams can provide indisputable proof of what happened before, during, and after the collision.

What If More Than One Driver Is at Fault?

In many accidents, fault isn’t assigned to just one person. California follows a comparative negligence rule. This means that if you are partially responsible for the accident, your compensation will be reduced by your percentage of fault.

For example, if you were found to be 20% at fault for a collision and your total damages amounted to $100,000, your compensation would be reduced to $80,000.

This is one of the reasons why insurance companies are so eager to push some of the blame onto you. The more fault they can attribute to you, the less they have to pay.

What Should You Do to Protect Yourself After an Accident?

After any car accident, you can take important steps to protect your rights and preserve evidence:

1. Call 911 and ensure the police file an official report.
2. Seek medical attention immediately, even if injuries seem minor.
3. Take photos and videos of the scene, vehicle damage, road conditions, and any visible injuries.
4. Gather contact information from the other driver(s) and any witnesses.
5. Avoid admitting fault or apologizing at the scene, as these statements can be used against you.
6. Contact an experienced car accident attorney as soon as possible.

How a Lawyer Can Help Determine Fault

Proving fault isn’t always easy, especially when insurance companies are actively working against your claim. An experienced car accident lawyer will:

• Investigate the accident thoroughly.
• Collect and preserve key evidence.
• Work with experts, if necessary, to reconstruct the accident.
• Handle communications and negotiations with insurance companies.
• Advocate for your best interests to ensure you receive fair compensation.

At Hartounian, A Professional Law Corporation, we are committed to protecting the rights of car accident victims. We understand how stressful and overwhelming this process can be, and we are here to take that burden off your shoulders.

Contact Our California Car Accident Lawyers

If you've been involved in a car accident in Glendale or anywhere in Los Angeles County, don’t leave your future in the hands of the insurance company. Let us help you build a strong case and pursue the compensation you need to recover.

Reach us on our online contact form or call (818) 463-1917 to request a free initial consultation with a Glendale car accident attorney. We handle cases statewide.