How is Fault Decided After a Car Accident in the UK?

Car accidents can be stressful and overwhelming, especially if you’ve suffered a personal injury. One of the most important aspects of the claims process is determining who is at fault, as this affects insurance payouts and compensation claims.

When it comes to car accident fault determination rules, UK law takes negligence, duty of care and the Highway Code into consideration. Understanding this can help you to navigate the legal and insurance process more effectively and ensure you receive the personal injury compensation you’re entitled to.

How is fault established in a car accident?

In order to claim insurance for a car accident or to make a personal injury claim, liability must be established. The way to establish liability is to determine who was at fault — to do this, legal experts will look at negligence and duty of care.

Everyone on the road has a duty of care over other road users, be they cyclists, drivers or pedestrians. This duty is outlined in the Highway Code. If a driver fails to meet this duty, they may be considered negligent and held at fault for the accident.

A driver may be found negligent if they were:

Speeding
Running a red light
Failing to give way
Using a mobile phone while driving
Eating or drinking behind the wheel
Adjusting the radio or other in-car controls
Tailgating
Reckless overtaking
Driving under the influence of alcohol or drugs

There could also be external conditions that caused the accident too, such as poor road conditions or a mechanical failure. Before fault is determined, investigators will consider all possible contributing factors to ensure a fair assessment of liability.

What evidence is used to prove fault?

To prove fault in a road accident claim, it’s important to provide strong evidence. The more clear and objective proof you can provide, the stronger your case will be. Key types of evidence include:

Witness statements — Independent witnesses can provide an unbiased account of the accident. This can be especially useful in disputed claims or if the case goes to court.
Videos or photographs — Clear photos of vehicle damage, road conditions, traffic signs, and skid marks can help establish how the accident happened.
Police records —If the police attend the scene, their report may document key evidence, assess potential law violations, and influence insurance decisions.
CCTV or dashcam footage — Video footage from dashcams, traffic cameras, or nearby businesses can provide clear, unbiased proof of how the accident occurred.

If you are unsure about the evidence you need or how to obtain it, Express Solicitors can help. With over 20 years of experience in personal injury law, we can guide you through the process and help strengthen your case.

Who is usually at fault? Common accident scenarios

While every road traffic accident is different, certain types of crashes follow predictable fault patterns based on UK road laws and the Highway Code:

Rear-end collisions — The driver at the back is typically at fault for failing to maintain a safe distance. However, exceptions exist, such as if the front driver brakes suddenly without reason.
Junction accidents — The driver who fails to give way or misjudges another vehicle’s speed when pulling out is usually responsible.
Multi-vehicle crashes — If multiple drivers contribute to an accident, fault may be shared. In such cases, liability is split according to each driver’s involvement.

What happens if the fault is shared?

In some accidents, more than one driver may be partially responsible. This is known as contributory negligence, where liability is shared between multiple parties.

Compensation is reduced proportionally based on each party’s level of responsibility. For example, if two drivers are found to be responsible, liability could be split 50/50 or 70/30, depending on the circumstances. The exact fault percentage is determined based on evidence, witness statements, and legal assessment.

What to do after a car accident

If you’ve been involved in a road traffic accident, taking the right steps can protect your health, strengthen your personal injury claim, and ensure you receive the compensation you deserve.

Report the accident

The first step in filing a road accident claim is to notify the police immediately and ensure the accident is officially documented. A police report can serve as key evidence in your claim. The report should include:

The date and time of the accident
Details of what happened
Any witnesses present for the accident
Any immediate injuries or damage

Taking photographs and gathering statements from witnesses can also help strengthen your claim.

Seek medical attention

Seeking medical attention for your injuries after a road traffic accident is essential to both your safety and your claim. Make sure that either you or your friends or family keep a record of your medical visits, including:

Your diagnosis
Any treatments
Any prescriptions or therapies
A doctor’s note that details your condition and prognosis

Medical reports are one of the most trusted pieces of evidence in personal injury compensation claims.

Get in touch with Express

Getting in touch with an expert personal injury solicitor is the next step. We can assess the validity of your claim, guide you through the process and help you understand what compensation you may be entitled to. At Express Solicitors, we’ll:

Evaluate your case
Help you gather and organise evidence
Advise you on next steps, including negotiating settlements or going to court if necessary

Ready to start your case? Get in touch today and we’ll make your justice our mission.

Need legal advice? Contact Express Solicitors today

Proving fault in a car accident can be challenging, especially if the other party disputes liability. Having an experienced personal injury solicitor on your side ensures your claim is handled properly, and you receive the compensation you’re entitled to.

At Express Solicitors, we specialise in road traffic accident claims and will guide you through every step. Whether you need help gathering evidence, negotiating with insurers, or challenging a disputed claim, we’re here to support you.

Don’t wait — get in touch today and let us help you move forward.