Getting in an accident is a stressful experience, but it’s even more nerve-wracking if you don’t know how to determine fault. It’s hard to be reasonable after an accident: your adrenaline is pumping, you’re probably in pain, and numb from the shock of it all. You may second-guess yourself after the fact, or even be persuaded by the other driver that you’re to blame. Protect yourself with knowledge and read on to get clear-cut rules that will help you keep your accident fair.

  1. If you’re rear-ended, it’s not your fault: Drivers are required to be able to stop safely if another driver stops in front of them. If you’re rear ended, clearly the driver behind you was not following this rule. This situation is easy to settle: if your rear end is damaged, and the other car’s front end is damaged, there’s little room for argument about how the accident happened.For example: You’ve come up on traffic that’s at a standstill, and you have to brake hard to avoid hitting others. The driver behind you isn’t paying attention, and isn’t able to brake as effectively as you did. This is not your fault.
  2. If someone makes a left turn in front of you, it’s not your fault: If you’re going straight and someone pulls out on you to make a left turn, they’re interfering with your right of way. To make a left turn, drivers must wait until they can safely make the turn without interfering with oncoming traffic. This rule has few exceptions, but it could be your fault if you’re traveling at an excessive speed, running a red light, or if an outside force interferes with the other car’s ability to turn left. Like the rear-end collision, this accident is an easy one to prove based on the location of damage to the cars.For example: If you have a green light to go straight, but another car turns left in front of you, it’s not your fault. This doesn’t mean you have free reign to hit anyone who is running a red left turn light, however. You’re still responsible for an attempt to avoid the collision.
  3. If you’re not where you’re supposed to be, it’s your fault: Every driver has duties: to wait for a light, to stay inside lanes, to stop at stop signs, and so on. When drivers don’t follow duty, accidents can happen. Other drivers expect that you’ll wait for the light and proceed accordingly, so if you’re in the middle of the intersection when it’s really their turn to go, they may not be able to adjust in time to avoid hitting you.For example: If you’ve decided to park in the middle of a busy street, it is your fault if your car gets hit. It’s not supposed to be there, and other drivers will not be prepared to avoid it. They’re required to attempt to avoid the collision, but ultimately, it’s your fault for leaving your car somewhere it doesn’t belong.
  4. If you’re not paying attention, it’s your fault: Neglecting to look out can cause any of the accidents we’ve noted so far. If you’re not paying attention, you may not be able to brake in time, effectively gauge oncoming traffic, or make note of signals and signs. Additionally, this can cause accidents that could have been avoided because you’re not watching diligently enough to notice an accident about to happen.For example: If you look down to change your radio station, you may not notice that there’s a huge line of traffic in front of you. By the time you realize you have to brake quickly, it’s too late and you’ve caused a rear-end collision.
  5. If you don’t try to avoid the accident, you share some blame: As we’ve alluded to in previous rules, every driver has a duty to avoid collisions whenever possible. You can’t just plow into other drivers without care, even if they’re completely in the wrong with regards to vehicle placement.For example: If someone pulls out to take a left turn, but for some reason gets stranded in the middle of the road, you must attempt to avoid them, or you’ll be liable for damage. This is especially true if you have ample time to change lanes or apply the brake.
  6. If you broke the law and caused the accident, it’s your fault: This one’s pretty simple. If you’re speeding, running a red light, or not waiting for your turn at a stop sign, it’s pretty clear that you’re to blame for any collisions that happen as a result of your actions.For example: If you’re speeding in a rainstorm, hit a puddle, and hydroplane into another vehicle, you caused the accident and will be held responsible.
  7. If you broke the law, but it didn’t cause the accident, it’s not your fault: This one’s a little tricky, but essential. There’s always a chance that the law you break has nothing to do with the cause of the accident. If this is the case, you may be responsible for a percentage of the liability, but the fault does not fall on you.For example: You’re rear-ended, and you’re not wearing a seatbelt. You’re breaking the law, but neglecting to wear a seatbelt isn’t the cause of the accident. The fault does not fall on you, but the other party isn’t responsible for any injury you sustain as a result of not wearing your seatbelt.
  8. The party who was the most careless is to blame: This rule is at the root of nearly all of the other rules we’ll cover here, so it’s essential to understand. In a nutshell, the least careful driver is at fault for the accident. Whether that means you’re breaking the law or just not paying attention to the road, the person who acted more irresponsibly than the other is to blame for the accident.For example: If you’re in a driver’s blind spot, and they don’t check to see if you’re there before changing into your lane, the resulting accident is their fault. Certainly, you should avoid driving in someone’s blind spot, but everyone has a responsibility to make sure the coast is clear before changing lanes.
  9. If your car malfunctions, it’s not your fault: Some things are just beyond your control. Even if you’re a responsible driver, it may be difficult to properly steer, stop or otherwise manage to drive your car if it malfunctions. If you get in an accident as a result of this malfunction, you’re not to blame. Nonetheless, you should register with your vehicle’s manufacturer to stay on top of recalls and have defective parts replaced.For example: If your accelerator gets stuck and you can’t slow down to avoid cars or other objects before you hit them, there’s not a lot you can do about it.
  10. If your accident is caused by poorly maintained property, it’s not your fault: State and federal agencies go to great trouble and expense to keep roads properly maintained, but there’s always a slight chance that you can encounter roadway that was overlooked and under-maintained. It’s also important to remember that there’s no guarantee private roads and parking lots are perfect, either. Accidents that are a direct result of bad roads or poorly maintained property aren’t the fault of the driver, provided that you exercise reasonable caution and avoidance.For example: If a fully operational bridge goes out, and your car falls on top of another vehicle, there’s really nothing you can do to avoid the accident. You rightfully assumed that the bridge would hold, and you’re helpless if it falls.
  11. If you both contribute substantial factors, you’re both at fault: One driver may have acted irresponsibly, but if another driver does nothing to avoid an accident, or does not follow driver duties like looking both ways before entering an intersection, you both contributed to the cause of the accident.For example: If a driver runs a red light, and you blindly enter an intersection on green without checking for oncoming traffic, you share fault. Certainly they shouldn’t have run the light, but if you’d looked into the intersection like you’re supposed to, the accident would not have happened at all.
  12. If you acted the way a “reasonable man” would, it’s not your fault: Generally, this question is answered by an adjuster, judge, or jury, but it’s handy to know. Essentially, you must ask yourself if you acted the way a reasonable man would do if presented with the situation you were in. If you can determine that this mythical man would have done the same thing, you’re off the hook.For example: You’re in traffic on a bridge and notice a car about to collide with you. There’s nowhere to go but over the side of the bridge. You could drive off the bridge to avoid getting hit. It would keep the accident from happening, but unless the “reasonable man” is mentally ill, there’s no way he’d do that.

These rules are the essentials of fault, but it’s important to remember that the blame will ultimately be determined by either an insurance adjuster or a court of law. If the fault in your accident is not clear, you should consult a lawyer and study the laws of fault that apply to your individual state. And of course, remember to always drive safely!