Understanding Fault in a Personal Injury Claim
Fault simply means being responsible for causing an injury. In some situations that responsibility falls on just one person. In other situations the responsibility, or fault, may be shared by several people or entities.
Determining who was at fault is one of the most important issues in a personal injury claim. It is not always a simple job.
Fault Is Based on Evidence
Evaluating fault begins with the available evidence.
That evidence may include:
Photographs you took of the vehicles and accident scene.
The police report.
Witness statements.
Traffic camera or dash camera footage you secured before it was deleted.
Physical evidence, such as skid marks or vehicle damage you took pictures of at the scene.
The statements made by the people involved.
Sometimes all of those pieces point in the same direction. Sometimes they don’t.
The goal is to determine, as accurately as possible, what actually happened.
More Than One Person Can Be at Fault
One of the biggest misconceptions about personal injury claims is that fault must belong entirely to one person.
That's not the way it works.
Imagine a driver making a left turn across traffic.
At first glance, that driver may appear to be at fault because drivers turning left generally must yield to oncoming traffic.
But what if the oncoming driver was traveling well above the speed limit?
Or ignored a traffic signal?
Or was distracted by a cell phone?
Those facts may change how responsibility is assigned.
An accident can have more than one contributing cause, and more than one person can share responsibility, er - fault, for it.
Pennsylvania Recognizes Shared Responsibility
Pennsylvania follows a system that allows responsibility to be divided among the people involved in an accident.
That means an injured person who person believes he or she was at least partially at fault may still may successfully pursue and win a claim.
Exactly how responsibility is divided depends on the facts of each accident.
A Traffic Ticket Doesn’t Determine Fault
Many people assume that if the other driver received a traffic ticket, that automatically means the other driver was responsible for the accident. That’s not how it works.
A traffic citation may be relevant, but it does not determine who is legally responsible for your injuries. Traffic violations and negligence are different legal questions. A traffic citation involves the criminal enforcement of traffic laws. A personal injury claim is a civil court matter that asks whether someone’s conduct was negligent and whether that negligence caused another person’s injuries. Those questions are decided under different legal standards and for different purposes.
As a result, someone who receives a citation may ultimately be found negligent. Or they may not. Likewise, someone who is never cited can still be found entirely responsible for causing an accident.
An Apology Doesn't Determine Fault Either.
People sometimes worry that having said "I'm sorry" at the scene accident somehow means they have admitted they were at fault and conclude they can't pursue their claim.
That, also, is not the way it works.
After an accident, people apologize for many reasons.
They may be expressing regret that someone was hurt.
They may simply be reacting to a stressful situation.
Very likely, I hope, some apologize for no reason other than that they are sincerely sorry that the accident happened.
The impact of an apology, like any other statement, will depend on the words of the apology and its context.
Two scenarios:
"I'm so sorry. I couldn't get out of your way - you were going so fast" - isn't likely to be viewed as much of an admission of fault.
"Hey, Man, like I am soooo sorry ! I was totally just trying to see how fast I could go in 4th gear" - is likely to create some challenges.
Like any other statement, an apology is only one fact among many that may be considered when determining what actually happened.
Why Fault Matters
Fault matters because it affects whether compensation may be available and, in some situations, how much compensation may ultimately be recovered.
But fault is only one part of a personal injury claim.
Even after fault has been evaluated, there may still be questions about the nature of the injuries, the medical treatment that was required, and the losses caused by the accident.
Those are separate issues that must also be addressed.
The Bottom Line
The simple answer is that fault means who has legal responsibility for causing an injury.
That determination is based on evidence, not assumptions.
It is not always all-or-nothing.
Fault can be divided among more than one person. "Who" is at fault is often more nuanced than it first appears.
If there is one takeaway, it is this:
Don’t assume you know how fault will ultimately be determined simply because the cause of the accident seemed obvious at the time. The legal process exists to examine all of the available evidence before reaching that conclusion.
General information—not legal advice. Paul’s Guide is not a law firm. This article provides general educational information and may not address every fact, exception, jurisdiction, or change in the law. Legal rights and deadlines vary based on the circumstances and applicable law. Reading this article, by itself, does not create an attorney-client relationship with Paul’s Guide or Paul Zimmerman. For advice about a specific claim, promptly consult a lawyer licensed in the appropriate jurisdiction.