What Options Are Available for At-Fault Car Crash Drivers?
With over 65 years of experience, the car accident attorneys at Munley Law have the expertise needed to help you navigate the legal complexities of being at fault for a road accident. We understand how stressful car accidents can be and will work with you to help you understand all the legal options available to you.
Our many industry awards underscore the skills and achievements of our car accident lawyers. All five of our partners hold Martindale-Hubbell AV Preeminent Ratings, and every one of our attorneys has received honors from Best Lawyers, with senior partner Marion Munley named Lawyer of the Year for Personal Injury Litigation. Eight of our attorneys have also been named Super Lawyers, and Marion Munley is featured as one of the Top 10 Super Lawyers in Pennsylvania, Top 100 Super Lawyers in Pennsylvania, and Top 50 Women Pennsylvania Super Lawyers.
If you were found at fault for a car accident, there are certain steps you should take to protect your claim. There may be a possibility that someone else may be more at fault for the accident, but an investigation will be needed. A car accident lawyer at Munley Law Personal Injury Attorneys can help. You can contact us 24/7, and there are no costs unless we win your case.
How Can I Prove Who is At Fault After a Car Accident?
Getting into an auto accident is a stressful time. Chances are, you may not even remember what happened prior to the accident. What you do after the car accident is important for your claim.
The first thing you will need to do is call 911. Once emergency services are alerted and are on their way, you will need to start protecting your claim. You and the other driver should exchange information, including:
- Name
- Insurance information
- Phone numbers
- License plate numbers
You’ll also want to document any evidence from the accident. This includes photographs of the damage to the vehicle, road markings, traffic surveillance, etc. Also, get contact information from any witnesses to the accident. Their account could be helpful in proving fault in the case.
Of course, be sure you and anyone involved in the accident seek medical attention, especially if you’ve sustained common car accident injuries. Hold on to any medical documentation and bills you incur for your car insurance company as well. This is especially important for serious injuries.
According to the National Safety Council, as many as 5.1 million non-fatal motor crash injuries took place in the US in 2023, with their total costs exceeding $513.8 billion. With such high costs involved, it’s important to remain cooperative throughout the entire situation; hiding evidence will only hurt you in the long run.
How is Fault Determined After a Car Accident?
After the car accident, the police will compile a report that explains what occurred, who was injured, and who was cited for any violations. Once the police report is created, the insurance company will use that information to determine who is responsible for the car accident.
It’s important to get a copy of the police report as soon as possible. You will want to review this document to make sure the information is correct and to see if the other driver has been cited for any moving violations. If you find any information in the police report that’s incorrect, contact the police officer to try and get it changed.
Fault could be divided between multiple parties. For example, if you were speeding at the time of the accident, but the other driver had been distracted, you both may share fault for the car accident.
There are times when it’s unclear who is at fault. If this happens in your car accident, this is where evidence will play a crucial part in your claim.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
Call us at (844) 686-5397 Who Covers Losses If I’m the At-Fault Driver?
Whether you live in a no-fault state or a fault state determines how car insurance companies handle liability in car accidents.
In no-fault states, each driver’s car insurance covers their policyholder’s losses. In a fault state, the at-fault driver is responsible for everyone’s losses. There are also some states that follow comparative fault. In Pennsylvania, for example, modified comparative fault is at play, where both parties may hold some amount of fault for the accident. Under this system, the plaintiff’s competition is reduced by the percentage of their share of negligence. For example, if the plaintiff is found 20% at fault for the car accident and is awarded $100,000 for the car crash, the plaintiff will receive $80,000.
However, if you are more than 51% at fault for an accident, you are not able to recover any damages. This is important because even if your case never goes to court, the insurance adjuster is likely to come to a conclusion that they believe would be a similar result as a lawsuit.
This is why, if you are found at fault for an accident, it’s important to speak with an auto accident attorney at Munley Law who can investigate your claim to find evidence of who is at fault.
What Losses Can I Receive Compensation for If I’m At Fault for A Car Accident?
If you are found at fault for an auto accident, you may still be able to recover damages. In Pennsylvania, under modified comparative fault, so long as the fault is even or less than 50% between the drivers involved, your insurance company should partially cover some of your damages.
If, however, you share the bulk of the liability, you may be responsible for your own damages. You’ll need to check with your insurance company to see if you have collision coverage, as it would, in some cases, cover your losses following a car accident.
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What Losses Can the Other Driver Recover for An Auto Accident I Caused?
When you cause an auto accident, your insurance company may pick up some of the cost, depending on how liability is distributed. However, if the insurance does not adequately provide for the other driver’s losses, you may be held personally responsible.
Further, if the accident you caused resulted in serious injury or a fatality, you could face a wrongful death lawsuit. This is why it’s important to seek legal representation right away.
Other losses the driver may seek compensation for include:
- Medical expenses, including hospital stays, medication, rehabilitation, and future medical costs
- Loss of current and future income
- Property damage
- Pain and suffering
Remember, at the end of the day, it will depend on how fault for a car accident is distributed in the accident. Your car crash lawyer will be able to evaluate your share of liability, which can ultimately determine how much compensation you and the other driver may receive.
Car Insurance Rates Following an Accident
If you are at fault for an auto accident, you are likely to see an increase in your car insurance policy rates. Research from U.S. News and World Report suggests that the average cost of car insurance rises by up to $872 per year after an at-fault accident. Contact your insurance company to learn more about the changes you may incur.
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FAQs on Being at Fault for a Car Accident
How much is the average car accident settlement worth?
Car accident settlements can vary widely in value, depending on the severity of each accident, the injuries and long-term effects it caused, and the degree of fault each involved party carries. According to the Insurance Information Institute, the average value of auto liability claims for property damage was $6,551 in 2023, and the average claim value for bodily injuries was $26,501. The value of the average collision claim came to $5,470. These figures provide general estimates, but settlements take into account a far wider range of factors to provide both economic and non-economic damages to injured parties.
What’s the first thing I should do after causing a car accident?
Your first step after being involved in a car accident you partly or fully caused is to phone emergency services and alert them of the situation. You should then speak with the other driver, exchanging details such as your names, insurance information, license plate numbers, and contact details.
Do I need to document evidence at the scene of my car accident?
It’s essential to document as much evidence as possible after you’ve been involved in a car accident, especially if you were at fault. Take high-quality, clear photographs of the damage to your vehicle, the other parties’ vehicles, road markings and signs, surveillance footage, and other relevant details. You can also get the contact details of any eyewitnesses who saw the accident happen, as their testimonies could help to prove fault accurately in your case.
Will being in a car accident affect my auto insurance rates?
Yes, your auto insurance carrier may increase your monthly premiums if you are involved in a car accident, particularly if you are found to be at fault.
How will my fault in my car accident be determined?
Local police will file a report of your accident after the fact, explaining the incident that took place, the injuries that resulted, and if any parties were cited for violations and reckless actions. Your insurance company will use this report to determine fault in your accident – or to assign fault as a percentage according to each party’s actions in the situation if you’re in a state like Pennsylvania.
Be sure to get your own copy of this police report and check that the details therein are accurate. If there are any errors or any information is missing, contact the police immediately to have the report amended. It’s also recommended that you work with your at-fault car accident lawyer throughout this process to make sure that you aren’t unfairly assigned more fault than you were responsible for.
At Fault for a Car Accident? Munley Law Personal Injury Attorneys Can Help
If you find yourself asking “what happens if I am at fault for a car accident?,” Munley Law Personal Injury Attorneys can help you navigate the car accident process. When you seek representation from us, a car accident lawyer can review the facts of your case to determine who truly was at fault to ensure you are not paying settlements that you do not have to.
Our lawyers have won many multi-million dollar verdicts and settlements for our clients – including injured clients who are partly at fault for the accidents they have been involved in. These include a $11 million settlement in a truck accident case and a $4.4 million verdict in a car accident case. All five of our partners have been named to the prestigious Lawdragon 500 Leading Plaintiff Consumer Lawyers list for 2025, with senior partner Marion Munley also featured on the Lawdragon 500 Leading Lawyers in America list.
Marion Munley and Daniel Munley have three board certifications from the National Board of Trial Advocacy, including Truck Accident Law, Civil Trial Law, and Civil Trial Advocacy, and Katie Nealon also holds a Truck Accident Law certification. Attorneys J. Christopher Munley and John Mulcahey have two certifications in Civil Trial Law and Civil Trial Advocacy as well, highlighting our firm’s considerable collective expertise in representing personal injury cases.
If you were involved in a car accident, contact a car accident lawyer at Munley Law Personal Injury Attorneys today to schedule your free consultation and free case evaluation. Remember, we do not collect a fee unless we recover financial compensation for you.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
