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Who Is At Fault For A Car Accident?

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How To Determine Fault In A Car Accident

When it comes to car & auto accidents, whether someone was injured or not, the insurance companies and all parties involved are going to try to determine who was at fault so they can make the at fault person pay up. The simplest way to figure this out is, did anyone break a law or fail to act in a safe manner that ended up causing the accident to happen? If so, then the person that committed that act that started the accident is the person at fault. There can also be multiple at fault parties in some accidents or in rare cases, nobody is at fault. This article will go over the details that can prove who is the one to hold responsible for the accident.

driver who caused an accident in aguish when realizing he is at fault for the car accident


Negligence is the main factor that determines who is at fault for an auto accident. When someone acts in a manner that is not safe for the other people around them and this act is against the law, that person is considered negligent and may be held liable for any damages that were caused by their actions. For example, someone that runs a red light and hits another vehicle, that person that ran the red light was required by law to stop at that light and since they did not stop, they were being negligent by breaking that law. When negligence turns into an accident and someone gets injured, it becomes a personal injury claim and the negligent party will have to pay for property damages as well as any medical bills, pain and suffering, and anything else the injured parties went through during recovery(if they are able to fully recover).

Were Any Laws Broken?

One of the first things to ask yourself when determining fault is: did either of the drivers break the law? If one of the drivers broke the law and that action played a role in causing the accident, then they are considered negligent as mentioned above and will likely be considered partially or fully at fault. Now, in some situations, maybe no laws were broken, but an accident occurred anyways. These cases are much harder to determine in a courtroom, especially if there is not evidence to back up those claims. Examples of laws being broken: speeding, not stopping at a stop sign, reckless driving. Examples of no laws being broken: icy road conditions, improper road markings, defective vehicle parts.

After The Accident

If you’ve been in a car accident, here are things you should do and should not do. For starters, never say sorry or admit that you caused the accident. Doing this can be used against you, especially if there is no evidence to prove that you were not at fault. So make sure to refrain from placing any blame on yourself when speaking to the other involved parties, police, insurance companies and the other parties’ lawyers.

You should make sure to gather any evidence you can after the accident, such as pictures and video of the accident scene, speed limit signs, road markings, damages to the vehicles, injuries, and contact info for all involved parties as well as any witnesses to the accident. All of this will help your car accident attorney build a solid case for you so that you can get maximum compensation for your injuries.

What Will Happen If I'm The One At Fault?

If you are determined to be at fault for an accident, there are two directions it can go. The first is if there were no injuries to the other drivers or passengers, then it is purely a property damage insurance claim and you or your insurance company will have to pay to fix the other person’s vehicle and any damaged belongings. The second way this can go is if someone was injured in the accident. When someone gets injured due to your actions, it can and likely will turn into a car accident injury lawsuit. This means that they will hold you responsible for paying to fix their vehicle, covering any lost wages, covering their medical bills, paying for future medical bills, compensating them for the pain and suffering they endured, and much more if the injuries are life long. The worse the injuries are, the higher your bill is going to be as a punishment for being negligent and causing these injuries.

Can Both Drivers Be At Fault?

Sometimes both drivers are deemed at fault for an accident. These are typically things like one driver is speeding and the other driver changed lanes without signaling. The variety of situations that can happen to cause a dual fault accident are quite vast, but the important part in these accidents is that both parties will have to pay their fair share for the accident(in a way). Whoever is deemed the most at fault(and greater than 50%) will be the one paying out of pocket for any damages. However, since the other person was also partially at fault, the percentage of the accident that is deemed their fault will be reduced from the original compensation amount. So if they were originally going to pay you $100,000 in damages, but you were 40% at fault, then you would only receive $60,000.

Get Help From An Attorney

If you’ve been in a car accident, don’t try to determine fault and go through the entire lawsuit by yourself. We have exceptional attorneys that specialize in car accident claims that would be happy to handle the case for you. Injury victims that work with a lawyer have much better chances of getting maximum compensation for their injuries and our lawyers have the track record to prove it. We have been handling these cases for decades and we know exactly how to put together a solid case that we can use to get you the best settlement possible.

Don’t let your compensation package slip away because you tried to do it yourself, let the experts at Rector Stuzynski LLC handle it while you sit back and heal from your injuries. Our staff is very friendly and we will walk you through every piece of the accident claim from start to finish so you always know where your case stands. We offer free consultations over the phone 24/7 or you are welcome to stop by our office anytime if you are in Colorado Springs, CO.

Areas We Serve

We serve clients injured in auto accidents anywhere throughout the state of Colorado, but we focus on residents of these areas: Colorado Springs, Manitou Springs, Fountain, Briargate, Monument, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and beyond.

We serve clients injured in the following zip codes: 80907, 80909, 80918, 80917, 80931, 80932, 80933, 80934, 80935, 80936, 80937, 80941, 80942, 80946, 80947, 80949, 80950, 80960, 80962, 80977 ,80995 ,80997 80901, 80912, 80904, 80915, 80905, 80910, 80923, 80922, 80919, 80920, 80916, 80939, 80914, 80951, 80924, 80927, 80938, 80906, 80840, 80829, 80902, 80809, 80841, 80911, 80908, 80929, 80819, 80921, 80925, 80132, 80926, 80913, 80863, 80817, 80831, 80133, 80930, 80860, 80814, 80813, 80118, 80106, 80928, 80866, 80816, 80808, 80104, 80116, 81008, 80864, 80135, 81240, 81007, 80109, 81290, 80107, 80108, 80425, 81215, 81221, 80117, 80827, 81212, 80134, 80835, 81003, 80131, 81226, 81001, 80138, 80125, 81002, 81009, 81010, 81011, 81012, 80124, 81244, 80126, 80820, 80130, 80163, 80433, 80129, 80833, 80112, 80832, 81025, 81005, 81223, 81006, 80470, 80127, 80122 and beyond.