What is an At-Fault Accident?

An at-fault accident is an automobile accident in which one party is identified as being responsible for having caused the accident. Many states have laws which require police officers and other authority figures called to the scene of an accident to issue a ticket to the party they view as responsible for the accident. Through this ticket, the party is identified as being “at-fault” for an accident.

Common types of at-fault accidents include rear-end collisions, accidents in which one car hits a parked car, or accidents in which a moving vehicle hits a pedestrian or another object. In all these instances, there is no debate as to who acted improperly and caused the accident.

At-Fault v. No-Fault Accidents

A no-fault accident is an accident in which no party is identified as having caused the auto accident due to impossibility or irrelevancy. Common types of no-fault accidents include a multi-car accident in which it is impossible to identify one party as having initiated the accident or in an accident due to multiple causes.

While an accident may start out as being no-fault, it can be switched to an at-fault accident at any time prior to or during litigation. This is because a court needs to label one party as responsible to determine the amount of a party’s liability and calculated damages.

Effect of At-Fault Accidents

At-fault accidents can affect a party’s insurance rates and coverage as well as liability. The party identified as being at-fault for the accident is often required to pay partially or wholly for the other party’s damages and physical injury, if any. How much a party pays depends on his or her insurance coverage limits and whether the state is a comparative or contributory negligence state. In a comparative negligence state, if a party was in any way responsible for the accident that caused him or her injury, even as little as 1%, he or she would recover nothing. In a contributory negligence state, the amount of damages is reduced by the percentage of fault attributable to the injured party. For example, if the injured party is found to be 10% at fault, the amount of damages he or she would recover would be reduced by 10%. 

Getting Legal Help

For both parties injured in and parties responsible for an at-fault accident, legal help is vital to the amount and types of recovery due and owed. If you have been involved in an accident identified as an at-fault accident, seek legal representation.