Determining Fault of an Accident

When determining who is at fault in the case of a vehicle accident, an individual shall consider the following:

  1. Any traffic violations that took place within the scope of the accident

  2. Any photo or physical evidence at the scene of the accident

  3. Witnesses who were at the scene of the accident

  4. Determine if there was any negligence involved in the accident

  5. (If necessary) talk to a compensation lawyer if there is a substantial dispute between parties

  6. Provide the applicable evidence and situation to the insurance provider

In the process of determining fault, insurance also may consider the nature of the incident such as:

  • whether the vehicles were still or in motion; and

  • the right of way of the vehicles

Some items that are not included in the consideration of determining fault are:

  • weather; and

  • movement of pedestrians

Please note that there may be other factors to consider and maintain a record of in unique circumstances.