If you’ve been in a car accident, you may be wondering whose fault it was or, more specifically, how fault is determined.
In some cases, the fault may seem obvious. For example, you might have been riding your bike and a vehicle cut across your path, knocking you down. But even when the fault may appear clear-cut, it could be contested by the defendant.
So, how is fault decided after a car accident? And how much evidence do you need to prove fault?
This guide will walk you through car accident fault determination rules in the UK, including what evidence is used to prove fault and what you should do after a car accident to receive compensation.
What Factors Determine Fault in a Car Accident?
There are multiple factors which can contribute to proving fault in a car accident. Some of these include:
Location of Damage
Damage clues in car accidents, specifically where vehicles are subjected to damage, can be clear indicators of where fault lies for an accident – for example:
- Driver’s side damage: If there’s damage to the driver’s side, this often shows the other driver was at fault, especially if their car’s front is damaged. For example, this could have occurred when they were pulling out of a junction without checking.
- Rear damage: In this scenario, it’s usually the following driver’s fault. This can be due to tailgating, distraction or reckless driving, leading to a rear-end collision.
- Specific side damage: Additionally, matching impact points on vehicles can reveal who is at fault. For example, if a left-turning car has front damage and the other vehicle has front-right damage, it usually indicates the turning car was at fault.
Negligence
Negligent driving is a key indicator of fault in a car accident, and one that is commonly used to determine blame. Examples of negligent driving can include:
- Driving above the speed limit
- Failing to give way
- Running red lights at traffic lights
- Eating/drinking behind the wheel
- Using a mobile phone when driving
- Tailgating
- Undercutting
- Reckless overtaking
- Driving under the influence (e.g. alcohol, drugs)
Sometimes, evidence of negligent driving can be captured by speed cameras, CCTV cameras or witness statements. If someone is found guilty of driving in this way, the fault will almost always lie with this party.
The Highway Code
In the Highway Code, ‘duty of care’ is established, which details how everyone on the road has a duty of care over other road users. For example, a cyclist would have a larger duty of care than someone driving a vehicle, as they are more vulnerable to accidents.
If it’s found that the duty of care has been ignored, this will also contribute to the decision around fault.
External Factors
In some cases, external factors may be at play, such as car manufacturing, which could be due to a mechanical failure. Other external conditions, such as poor visibility on the road, may also be investigated to determine fault.
What Should You Do After a Car Accident?
- Tend to Injuries
First things first, whether or not you or the other party is at fault, make sure you are physically okay.
In some minor accidents, you may experience cuts, scrapes, or bruises, but more serious accidents can result in fractures, deep wounds, or head injuries. These may need medical treatment, so be sure to prioritise your safety over determining fault for the accident.
If anybody was injured in the accident, then the police need to be notified as soon as possible. It may be that passers by have already called 999, but ensuring the report is documented in a police report is essential to your legal case.
- Gather Evidence
If you are physically able to do so, you can then begin gathering evidence of the accident. This could include:
- Photographs/videos: Take footage of both your injuries, as well as the damage to your transport (if applicable). Taking photos of the other party’s vehicle is also useful to show any damage (or lack of).
- Detailed recollections from your point of view: While the moments straight after an accident may be hazy and confusing, it’s important to try your best to note down as much as you can remember, while it’s still fresh in your mind.
- Witnesses: If anyone is around the area of the incident who may have seen what happened, be sure to get their details and ask them if they’d be prepared to provide a witness statement.
Evidence is one of the most crucial elements of determining fault for a car accident, so the more evidence you can collect at the time of the accident, the more useful this will be for your legal case.
Other pieces of evidence that can be used to determine fault include police records, CCTV or dash-cam footage, medical records of your injuries and witness statements from people who were at the scene of the accident.
- Make a Claim
If you believe you are not to blame for the car accident and you are entitled to compensation, the next course of action is to seek legal support.
You can make a road traffic accident claim with a trusted solicitor’s firm, like CEL Solicitors. We’ll guide you through the process from the beginning, offering professional advice, and strive to secure the compensation you deserve.
For more information, read through our car accident claims process guide, which has detailed guidance on the claims process.
Can You Still Make a Car Accident Claim if Fault is Shared?
In many cases, the fault may not lie with one person entirely – it could be shared. This is known as contributory negligence, and liability is shared between multiple parties.
For example, in multi-car accidents when several drivers play a part, liability is often shared, with each driver held accountable for their level of involvement.
Even if you are partially to blame for the accident, you may still be able to claim compensation. However, the payout would be reduced proportionally based on each party’s level of fault.
Your best course of action would be to discuss your situation with one of our expert road traffic accident solicitors, who can advise you on the strength of your case and next steps.
How to Make a Road Traffic Accident Claim
If you’ve been involved in a road traffic accident that you don’t think is your fault (or at least not completely your fault), your next step is to seek legal support for compensation.
As part of your accident, you may have suffered physical or emotional injuries, which could have contributed to having to take time off work, going through life-changing medical procedures and having long-term impacts on your mobility or quality of life. That’s why getting the compensation you deserve is vital.
Here at CEL Solicitors, we’re an experienced solicitor firm specialising in road traffic accidents, with a strong track record of recovering millions for our clients. We’ll always strive to achieve the justice you deserve.
To begin your claim, simply get in touch with our expert team of road traffic accident solicitors by either filling in this online form or giving us a call to talk through your situation with a specialist.
Choosing CEL Solicitors for Road Traffic Accident Claims
We understand that when an accident first takes place, you are naturally going to feel overwhelmed, distressed and shaken up – not to mention, you could have injuries, both physical and emotional.
That’s why putting your trust in an expert team, such as CEL Solicitors, who specialise in car accident claims, is so important. We operate on a no-win, no-fee promise – meaning that you won’t need to pay any fees up front. This gives you access to the legal support you deserve without financial stress.
Additionally, our road traffic accident consultation is completely free – we’ll listen, review your situation carefully and provide clear advice on your next steps.
Ready to pursue your car accident claim? Get in touch today for a free, no-obligation consultation. Call 0330 029 8479 for the support you deserve.
