Determining fault in a car accident depends on who demonstrated negligence, which means doing something a reasonable person would not have done. It also means failing to do something a reasonable person would have done. The negligent party made a mistake. Sometimes both drivers make mistakes, and in that case, both are considered negligent, also known as comparative negligence. To collect damages, you must be less than 50% at fault for causing the accident.
It can be complicated to determine who is at fault in an accident. You may need to take a host of factors into consideration to come up with the negligent party. It can also be simple to prove negligence. For instance, if you get rear-ended while your car is stopped, the other driver is likely at fault.
You should document everything you can in the immediate aftermath of the car accident in order to prove which driver was at fault. Talk to witnesses and take pictures. After you receive medical attention, contact an attorney to discuss your case. The layers at KBG Injury Law can help you determine who was at fault in your accident and whether you should pursue a claim in a case.
[0:08] What is negligence in a car accident?
[0:24] What happens if a driver is negligent?
[0:31] What happens if both drivers are negligent?
[0:44] How is comparative negligence determined?
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