Getting into a car accident is stressful enough—but figuring out who was at fault can make it even more overwhelming. Whether you were rear-ended, sideswiped, or involved in a multi-vehicle collision, determining fault is one of the most important parts of your case. It can impact everything from how much compensation you receive to whether your insurance rates go up.
At My Super Lawyer, we help people just like you understand their rights and get matched with experienced attorneys who know how to prove fault—and fight for maximum compensation. In this blog, we’ll explain how to determine fault in a car accident, what evidence matters, and how a skilled lawyer can make all the difference.
Why Determining Fault Matters
Before we dive into how to determine fault in a car accident, it’s important to understand why fault matters. In most states, the driver who is found to be at fault—or primarily responsible for causing the crash—is liable for damages. This includes:
- Vehicle repair or replacement
- Medical expenses
- Lost wages
- Pain and suffering
If fault isn’t clear, or if it’s disputed, insurance companies may delay or deny your claim. That’s why collecting the right evidence and working with a qualified car accident lawyer is crucial.
Common Signs That Help Determine Fault
There’s no one-size-fits-all formula for figuring out who caused a crash, but there are several common indicators insurance companies and lawyers rely on:
1. Police Reports
The official police report is often the first piece of evidence reviewed. If the responding officer assigns blame or issues a citation (like failure to yield or speeding), this can carry weight during insurance negotiations or court proceedings.
You can request a copy of the report to verify the details. A free consultation with a lawyer can help you understand how the report may affect your claim.
2. Vehicle Damage Location
The location of damage on each vehicle can tell a story. For example:
- Rear-end damage often indicates the other driver was at fault.
- T-bone damage may suggest a failure to yield or red-light violation.
- Side-swipe damage may be more complicated and require further investigation.
Experienced accident lawyers use photos, diagrams, and expert reconstruction when necessary to show how and why the crash happened.
3. Witness Statements
Eyewitnesses can help clarify what happened, especially when drivers give conflicting stories. Statements from passengers, pedestrians, or nearby drivers can be key in proving who was at fault.
Make sure to get their contact information at the scene if possible.
4. Traffic and Surveillance Cameras
Dashcams, intersection cameras, and nearby security footage can often show the crash in real time. If you believe a camera may have recorded the accident, act fast—some recordings are deleted within days.
Lawyers working through My Super Lawyer can send formal requests to preserve and obtain this footage.
How Insurance Companies Determine Fault
Insurance companies conduct their own investigations to decide who was at fault. They review:
- Driver statements
- Police reports
- Photos and video evidence
- Vehicle damage
- State traffic laws
Keep in mind that insurance companies are not on your side. Their goal is to minimize payouts—even if that means downplaying your injuries or blaming you.
Having a skilled personal injury lawyer by your side ensures that your version of events is supported by solid evidence and legal expertise.
What If Both Drivers Are at Fault?
In some cases, fault is shared. This is called comparative negligence or shared liability, and each state handles it differently. For example:
- California and Arizona follow pure comparative negligence, meaning your compensation is reduced by your percentage of fault—even if you’re 99% to blame.
- Nevada follows modified comparative negligence. You must be less than 51% at fault to recover compensation.
A trusted Nevada, Arizona, or California injury lawyer can explain how your state’s rules apply to your case and help reduce your share of liability if the facts support it.
How a Lawyer Can Help Determine Fault in a Car Accident
While you can gather some evidence on your own, a lawyer brings the tools and experience needed to build a strong case. Here’s how legal representation can help:
Investigate the Crash Thoroughly
From visiting the scene to hiring accident reconstruction experts, lawyers know how to uncover details that others might miss.
Protect You from Blame
Insurance companies often try to shift fault to reduce what they owe. Your lawyer will counter these tactics with hard facts and legal arguments.
Handle Communication
Your attorney will deal with insurance adjusters, police departments, and opposing counsel, so you can focus on healing—not paperwork and phone calls.
Maximize Your Compensation
By proving the other party’s fault, your lawyer helps ensure you recover every dollar you’re entitled to, from medical bills to pain and suffering.
You can view real case results to see how My Super Lawyer’s attorneys have helped clients win millions after proving fault in serious car accidents.
Let My Super Lawyer Help You Prove Who Was at Fault
Understanding how to determine fault in a car accident is just the beginning. What you do with that knowledge—and who you trust to represent you—can shape your entire recovery. At My Super Lawyer, we make it easy to connect with a top-rated accident attorney who knows how to prove fault, negotiate with insurance companies, and win in court when necessary.
With a 99% success rate and over $2 billion recovered for clients, we’ve helped thousands of accident victims fight for what’s right. If you’re unsure who hit whom—or if the other driver is trying to blame you—don’t leave it to chance.
Get your free case evaluation today and let us match you with the perfect lawyer to protect your rights and fight for maximum compensation.
Why My Super Lawyer?
Here’s why thousands of injured victims trust My Super Lawyer:
- 99% Success Rate – Our network of lawyers knows how to deliver results.
- Over $2 Billion Won – We’ve helped secure life-changing settlements and verdicts.
- Personalized Matching – We don’t just find a lawyer. We find the right lawyer for you.
- Free Case Review – You pay nothing unless your lawyer wins your case.
If you’ve been hurt in an accident and don’t know where to turn, start with My Super Lawyer. We’ll help you get the police report, legal support, and financial recovery you deserve.
