How to Determine Who Is at Fault in a Car Accident

Beginner 45 min 11 steps 34768 views Rating: 4.8/5 Published: 2026-04-13

Note any traffic citations or violations of traffic law.. Consider evidence relevant to the accident.. Decide whether the accident is the result of a rear-end collision or a left-hand turn.

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Steps

1

Note any traffic citations or violations of traffic law.

Step 1

Note any traffic citations or violations of traffic law.

2

Consider evidence relevant to the accident.

Step 2

Consider evidence relevant to the accident.

3

Decide whether the accident is the result of a rear-end collision or a left-hand

Step 3

Decide whether the accident is the result of a rear-end collision or a left-hand turn.

4

Record any comments made by the drivers after the accident.

Step 4

Record any comments made by the drivers after the accident.

5

Consult witnesses about how the accident occurred.

Step 5

Consult witnesses about how the accident occurred.

6

Consider whether either driver was negligent before the accident.

Step 6

Consider whether either driver was negligent before the accident.

7

Determine if you live in a no-fault auto insurance state.

Step 7

Determine if you live in a no-fault auto insurance state.

8

Determine if you live in a pure contributory negligence state.

Step 8

Determine if you live in a pure contributory negligence state.

9

Research if your state has pure comparative fault statutes.

Step 9

Research if your state has pure comparative fault statutes.

10

Note whether your state adopts proportional comparative fault at 51%.

Step 10

Note whether your state adopts proportional comparative fault at 51%.

11

Note whether your state adopts proportional comparative fault at 50%.

Step 11

Note whether your state adopts proportional comparative fault at 50%.

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