Who is at fault for the accident?

Learn how insurance companies, attorneys, judges, arbitrators, and juries determine liability, negligence, and fault.

Who is at fault for the accident? How does the claims adjuster determine that you are at fault for the accident? Actually, how does a judge, an attorney, an arbitrator, or a jury determine that someone is more at fault than the other is?

When determining fault, insurance companies and the legal community use the term �liability�. Liability really equates to fault when talking about auto accidents. Liability in turn equates to negligence.

When insurance adjusters look at liability, they are really looking at Negligence. Negligence is a �tort�. A Tort is a civil wrong. When someone wrongs you (hits your car), then they would have committed a civil wrong against you.

But why is this important? It is important because the Law of Torts is what rules the way insurance companies look at car accidents. The key thing to remember is that the tort of negligence LACKS a very important element �INTENT�. When we are dealing with car accidents, we are assuming that no one try to hit some one else.

If the accident was caused by an intentional hit, the analysis would fall outside the realm of negligence. It would still be a civil wrong, but it would be call �An Intentional Tort�. Assault, Battery, Intentional Infliction of Emotional Distress, Trespass, False Imprisonment, and Conversion are all Intentional Torts. They can also fall within the realm of criminal law.

This is the reason why when there is only one hit, someone can go to jail for assault (criminal assault) and be suit in civil court for money damages (intentional tort of assault).

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Most car accidents fall within in the tort of negligence. By law (by the United States Supreme Court Decisions), in order to prove someone negligent there are certain elements that must be proven.

Those elements are:

Elements to find fault for the accident

Therefore, the insurance company must prove preponderance of evidence that all the elements above existed and therefore you are negligent. If you are negligent, then you are some percentage at fault for the accident.

After negligence is determined, then you must look at your state law. You need to determine if you are in a comparative negligence state, a contributory negligence state, or a modified comparative negligence (this will be explained here).

So who is at fault for the accident below?

We must analyze each single element for each party to determine fault. Follow the following links to determine who is at fault for the accident. The accident above and your accident, the analysis is always the same.

If the police shows up and gives you a ticket, then you need to dispute it. Read thespeeding ticket eBook or the traffic ticket eBook to get your citation dismiss.

Determining fault for the Accident: DUTY

Read the Rules of the Road of your State.

To determine fault for the accident there must be a BREACH.

The next step for fault is CAUSATION. The breached duty must be the factual AND legal cuases of the injury.

The last step for finding fault is DAMAGES.

There is one last step. State Accident Law. This is very critical. Click here for more.

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