Being in a car accident is stressful, especially if you’ve suffered a personal injury. One of the biggest challenges afterward is determining who was at fault. In this guide, we’ll explain the UK’s fault determination rules, the process involved, the evidence required, and how expert solicitors can help.
How is fault determined in UK car accidents?
When it comes to UK law, fault is established by finding out whether or not negligence is at play. On the road, negligence happens when a driver fails to exercise reasonable care, breaching their duty of care over other road users. If you are out on the road, you must adhere to the rules detailed in the Highway Code — this covers drivers, cyclists and pedestrians alike.
Actions like speeding, running a red light or ignoring give way signs can all be very clear breaches of duty of care. If this negligence can be backed up with evidence, you may be found at fault for the accident.
What key evidence is used to establish fault
Negligence in car accidents in the UK can be proven through investigation. This process relies on key pieces of evidence, which play a vital role in car accident claims:
Witness statements
Any witness statements given about the car accident could provide unbiased accounts of what happened, as long as the witness is unrelated to either party.
Photographs
If you have photos of the scene of the accident, you have a better chance of proving fault. You should aim to have images of:
- Damage to the vehicle
- Debris
- Road conditions
- Weather conditions
- Traffic signs
Police reports
If the police were at the scene of the accident, any report they make can be a form of evidence that is greatly respected and can serve as authoritative evidence in insurance and legal proceedings.
Videos
Footage from nearby CCTV cameras or dashcams can provide an objective account of the accident, removing any ambiguity from driver testimonies.
Common scenarios and how fault Is determined
Some types of car accidents occur more frequently than others:
Rear-end collisions
One of the most common car accidents are rear-end collisions. In these cases, 99% of the time, the driver behind is usually at fault — the assumption being that they didn’t maintain a far enough distance between themselves and the car they crashed into.
Junction collisions
Accidents at junctions often occur when one driver fails to give way. Fault will then usually lie with the driver who ignored road signs or markings.
Multi-car collisions
In accidents that involve multiple vehicles, liability could be shared amongst several of the drivers involved. This could be a situation where a car stops abruptly and causes a chain reaction — in such cases, each driver will be scrutinised and the fault will be split between a few people.
What happens if the fault is shared?
As with cases involving a multi-car collision, in some car accident cases, fault is not solely put onto one party and is instead shared. This is what’s known as contributory negligence.
Shared fault also affects the amount of compensation you can receive. For example, if you are deemed 30% responsible for your accident, your awarded compensation amount would be reduced by 30%.
Steps to take after a road traffic accident
Once a car accident has happened, you have a narrow window that will greatly impact how fault determination will occur. Taking the right steps during this time is essential:
1. Gather evidence
Get as much evidence as you can from the scene. This includes names, contact information and insurance details from the other drivers, cyclists or pedestrians involved.
2. Report the accident
Get in touch with the police as soon as you can to report the accident. You should especially do this if the accident involves injuries, blocked traffic or disputes over fault. Be sure to notify your insurance company about the accident too so they can prepare, even if you don’t plan on making a claim.
3. Seek medical attention
Even if you don’t see any apparent injuries, you should seek medical attention as soon as you can after a car accident. Once you’ve seen your doctor, be sure to get a copy of the medical reports — these can be a key piece of evidence if you make a claim.
How legal experts can help
When it comes to determining fault in car accidents, it can be extremely difficult, and having solid evidence can tip the scale. That’s where we come in. At Injury Lawyers 4u, we can help to gather evidence, negotiate with insurers and provide you with legal representation when the time comes.
What’s more, we offer a no-win, no-fee guarantee when we take on your case. That means we’ll only charge you for our services if your claim is successful. So, for a free consultation, get in touch today and see how we can help.