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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    How to determine who is at fault in a car accident


    Determining who is at fault in a car accident can sometimes be quite tricky. Sometimes there is a difference between who caused the accident and who is legally at fault and this is important when it comes to who will be liable for personal injury compensation.

    Violating traffic law

    In most cases, the person who is at fault in an accident is the party who has violated a traffic law. To put this in perspective, if the accident was caused by a motorist who drove through a red light and subsequently crashed into another vehicle, then that motorist would clearly be at fault for flagrantly breaching the laws of the road. However, this is not always a clear cut case, if for example a vehicle is overtaking and pulls in suddenly in front of the car behind them, this car then brakes suddenly but is rear-ended by a car travelling too close behind them to react in a timely fashion, then the latter will be the party at fault and liable for any claims for compensation.

    Contributory negligence

    Perhaps where the biggest difficulty arises in determining who is at fault in a car accident is in the case of contributory negligence. This is where both parties are at fault to some extent and in these cases the courts will normally apportion blame based on the facts of the accident. Any person who has been found to have acted negligently and is partially responsible for their injuries may have their claim for compensation reduced accordingly.

    Gathering evidence

    If you believe you were not at fault in a car crash, it is vital to gather evidence to help support your claim. You should take photos of the accident, highlighting the damage where possible. If there are any witnesses to the accident, take down their names and addresses so that they may be called upon to support your version of events.

    Claiming compensation for a road traffic collision

    Have you been injured in a road traffic collision and someone else was to blame? If so, you could be entitled to pursue a claim for compensation. By contacting Accident Advice Helpline on 0800 689 0500 you can speak in strict confidence with one of our professional and highly-trained advisors.

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    Date Published: December 9, 2015

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.