How is Fault Determined in Motor Vehicle Accident Cases?

Determining fault is the meat and potatoes of personal injury claims. Other issues are important, but without deciding who is how much at fault for causing an accident and injuries, there is no personal injury claim.

If you or a loved one is severely injured or killed in a car accident, Satterley & Kelley, PLLC can help you recover the compensation you deserve. Schedule a free consultation to discuss your situation by calling our Louisville office at (855) 385-9532.

Why is Fault Important in Personal Injury Cases?

There are two main issues to prove in a personal injury case: liability and damages (harm to the plaintiff (you, the injured person filing the claim) measured in dollars).

Liability is the legal obligation to pay compensation to the accident victim. If they’re not at fault, there’s no liability, so no compensation. If liability is proven, the plaintiff’s compensation can be reduced to reflect their fault (if any) in causing or worsening their injuries.

Generally, someone is at fault for injuring another person through their negligence or an intentional act. Compensation is impacted by Kentucky’s comparative negligence law, which reduces it due to the injured party’s fault in causing their own harm.

How is Fault for a Motor Vehicle Accident Determined?

Every accident is unique. There’s a wide range of potential evidence that may show why someone is at fault, and to what degree they’re to blame for causing the accident. Depending on the situation, there may be very strong evidence of one kind, while another type of evidence is missing.

Lawyers, insurance adjusters, judges, and juries may have many things to consider, including the following:

• After a crash, law enforcement often investigates, takes notes on road conditions, issues citations, and writes up an official report. This isn’t, strictly speaking, evidence like the types described below. It’s more of an officer voicing an opinion, compiling and summarizing evidence, but it may sway the decision as to who’s at fault
• Statements by drivers are essential evidence, though they may be discounted because the stress of the situation can alter a person’s recollection of what happened. A jury member or insurance company may not give full weight to a plaintiff’s version of events because they may believe they’re not telling the complete truth if it impairs their ability to collect compensation 
• Third-party or independent fact witnesses can provide valuable accounts about what they saw or heard before and during the crash. These statements by passengers or people outside the vehicles may be part of the police report or developed by the plaintiff’s or the insurance company’s investigation
• Skid marks, vehicle damage, damage to surrounding objects (like guardrails or trees), and the final resting positions of vehicles are physical evidence that can help reconstruct what happened, why, and who’s at fault
• In more complex cases, crash reconstruction experts can be used to investigate the accident and reconstruct how and why it occurred. They can rely on physics, measurements, physical evidence, witness and victim statements, injuries, and computer simulations to determine who bears what share of liability. Their opinions can be critical in helping settle a case or determining a trial’s outcome
• Medical records may be evidence to show how injuries occurred, which may shed light on the accident’s cause and who is to blame

What Should I Do and Not Do to Help My Case?

Mistakes can weaken your claim that the other party is at fault.

Don’t admit fault or accept blame for the accident. Saying “I’m sorry” at the accident scene, stating you’re at fault to the investigating police officer, or admitting it on a social media post all weaken your case. Fault and liability are legal conclusions that, strictly speaking, you’re not qualified to give.

If, after a full investigation, it’s clear that you share fault for the crash, we will admit that to the insurance company. Admitting a reality that can’t be contested is part of good-faith settlement negotiations and will help your credibility if your case goes to trial.

If an officer asks what happened, honestly tell them the facts, not your opinion. After the accident, it’s best to limit conversations with the other driver as much as possible. Don’t discuss your accident or injuries with others or on social media, because what you say can be used against you.

If it is safe and you are not too injured to do so, take videos or photos of the accident scene, and get witnesses’ contact info. Your case is built on evidence. Start collecting it if you can, because the more the better.

Speak With an Experienced Kentucky Personal Injury Lawyer

Thanks to many years of experience and our ability to thoroughly investigate our clients’ accidents, we know what it takes to prove who’s at fault for causing an injury and how to successfully show that to insurance companies, judges, and juries.

Satterley & Kelley, PLLC has helped injured clients obtain the compensation they deserve for decades. If you want to discuss how you were injured by another party with a knowledgeable Louisville lawyer, contact our office online or call us at 502-589-5600 or toll-free at 855-385-9532.