One of the first questions you might be asked after being involved in a wreck is "Who caused it?" That question will continue to come up from time to time as you deal with the insurance and legal aspects of your case. When it comes to seeking money damages, there are few issues more pertinent than fault. To learn more about why fault is so important in a car accident case and how it affects any compensation you might be owed, read on.

How Fault Is Found

Fault may be obvious with some accidents, and in many cases, fault has already been determined by the law enforcement personnel who responded to the accident. At the accident scene, officers are trained to evaluate what they see and do a preliminary investigation into how the accident happened. That might mean:

1. Interviewing bystanders, drivers, passengers, and anyone who saw how the wreck occurred.
2. Observing skid marks, damage to roadside objects like signs, the location of the vehicles, damage to vehicles, and more.

The results of this roadside initial investigation are compiled into an accident report that includes a summary of how the accident appears to have occurred. If fault is not easily determined, more investigation is needed. The insurer may begin an investigation by conducting a recorded interview with the parties. Also, once a victim brings a personal injury lawyer onto the case, fault is determined using not just the accident report and witness statements but also the help of a professional accident reconstruction expert.

Shared Fault and Compensation

Not all accidents can be blamed on the actions of a single driver. Contributory negligence refers to how the actions of both drivers caused the accident. Comparative negligence refers to a division of fault by a percentage. If you are 20% at fault, for instance, you may only receive 80% of what you are owed in compensation.

Fault Matters — Even in "No-Fault" States

You might have heard that you live in a no-fault state. It's easy to misunderstand what that means. In no-fault states, both drivers, regardless of who caused the accident, are equally responsible for certain damages (such as medical expenses, for example). Accidents often involve several categories of damages, however, and fault is still used to determine who has to pay the bulk of the costs for the accident.

Speak to an accident lawyer in your area to learn more about fault and how it affects your compensation.