If you sustained a personal injury as a result of a car accident and want to know more about the fault system, then you are in the right place.
In Australia, the fault system varies from state to state, at Walker Law Group, we are able to advise you in relation to the fault system and laws and regulations that apply in New South Wales.
When it comes to car accidents, determining who is at fault can be challenging. Various factors contribute to the accident. In some cases, the fault is shared between all the drivers involved.
This article will explore key factors contributing to fault determination in car accidents, types of faults, and the role of legal representation in assisting an injured person with their compensation claim.
How are at-fault Situations Created?
At-fault situations rarely occur when everyone drives in accordance with the set rules and regulations. When one or more drivers break the rules, however, the risk of car accidents increases. In our experience, car accidents tend to involve other elements such as speeding, ignoring traffic lights or stop signs, driving under the influence of alcohol or drugs, or failing to assess the road situation.
If you have been involved in a car accident, and the other driver has been found at fault, then you may have the right to make a claim against the other party to receive fair compensation for damages.
Legal and Other Key Factors of Fault Determination
Australia has a certain set of laws and regulations that help determine faults in car accidents. Common considerations include state-specific regulations, emergency scenarios, and the role of insurance companies.
Laws and Regulations
Different laws and regulations, including state-specific rules, can determine who is at fault when a car accident occurs. Due to the uniqueness of each situation, please contact our team directly for specific advice about your circumstances and the relevant laws and regulations that may apply.
Role of Insurance Companies
When it comes to fault determination, insurance companies will review the compensation claim form submitted by the injured parties, and other material such as police reports and/or surveillance from the area, and make a decision about fault (also known as “liability”).
After lodgment of the claim and determination on liability, a claim can often proceed to evidence gathering, with this evidence supporting the financial scope of what may be claimed for an injured party. The next phase is often “negotiation and settlement,” during which the parties try to reach a decision in relation to the compensation amount.
Police Reports
The accident scenes are typically attended by police officers who develop reports outlining the details of the accident. These details include traffic or other violations, weather conditions, and other contributory factors which may be relevant to fault determination in motor accident claims.
Witnesses & Evidence
Eyewitnesses and evidence in the form of photographs or videos also help with fault determination. Eyewitnesses can provide insights into the accident, help with the establishment of a timeline and other details that might otherwise be missed. At the same time, photographs or videos showcase the accident in detail, and can assist with the determination of fault.
Vehicle Damage Assessment
Vehicle damage level may also be considered when determining the fault. The vehicles may be assessed to identify the impact of the accident and the contributory factors, including certain damaged components of the vehicle before the accident occurred that could have contributed to the accident.
Level/Type of Fault
When it comes to car accidents, everything is more complex than it seems. In fact, there are different types of faults, including clear-cut faults, shared faults (or contributory negligence), and blameless accidents. So, let’s briefly examine each of those in more detail.
Clear-Cut Faults
This type of fault means that one party is responsible for the entire accident. Such cases are quite straightforward and generally do not require long investigation processes.
A clear-cut fault is determined when there is enough supporting evidence of a violation of traffic laws by the driver.
Examples of clear-cut fault accidents can include rear-end collisions. In such accidents, the driver behind is usually at fault and held responsible. Another example is if the driver was driving the vehicle while being under the influence of drugs or intoxicated by alcohol.
Other examples include illegal turns and running on red lights or ignorance of stop signs. In this scenario, drivers who violate the rules are generally held responsible for the accidents.
Contributory Negligence
More commonly, both drivers are considered to be at fault after careful evaluation of the accident. Contributory negligence essentially means shared fault.
This type of fault occurs when evidence supports that the actions of both drivers contributed to the accident. For example, one driver can speed through an intersection, and the other one can run on the red light, resulting in an accident. In this scenario, both drivers are found to be at fault and share the responsibility.
In the case of contributory negligence, responsibility is shared, and this impacts the compensation. However, not in all cases the fault is considered to be equally shared between participants. One part might be at fault 30%, the other for 70%, depending on the circumstances of the accident.. In this scenario, the claim for damages can be impacted by a driver’s contribution to the accident.
Blameless Accidents
In rare cases, all the participants can be found fault-free even though the accident occurred. For instance, if the driver has health conditions and suddenly receives a heart attack or stroke while driving, causing the accident, all parties will be considered fault-free.
Another example of a blameless accident is when a vehicle has an unexplained failure which results in an accident.
Role of Legal Representation in Car Accident Claims
Whether you share the responsibility for the accident with another party, it is a blameless accident, or the other party is entirely responsible for the accident, it is vital to get legal representation to support the efficient claim process and to ensure that you are fully informed of your legal rights and entitlements.
Professional lawyers will help with the investigation and evidence gathering to support your case. A car accident lawyer will also provide you with advice and strategies to help you win and receive deserved compensation. Finally, lawyers help support the whole claim process and provide professional representation in court.
Choose Walker Law Group for Your Car Accident Claim
If you want to win a car accident claim and make sure you and your loved ones gain the deserved compensation, then you are in the right place.
At Walker Law Group we work exclusively in personal injury law. In most instances, we are also able to conduct motor accident claims on a no-win-no-fee basis.
If you or your loved ones have been injured as a result of a road accident, you may be eligible to claim compensation.
Contact us today for a free consultation to find out details regarding your eligibility for the claim.
