Motor Vehicle

Fault in car accidents isn’t always obvious – and it will affect your claim Sometimes accidents happen. Unfortunately, when it comes to insurance and legalities, an ‘at-fault’ party usually needs to be identified. Determining who is at fault in a car accident is straightforward in some matters but can be more complex in other circumstances. In this article, we’ll look at how fault is determined under Queensland road laws. What steps should you take after a car & motor vehicle accident? Before we look at how fault is determined, it’s important to know which steps to take after a motor vehicle accident. Ensure Safety: If possible, move to a safe location and check for injuries. Call emergency services (000) if needed. Contact the Police: If there are injuries or damage, call the police. They may attend the scene and investigate. Exchange Details: Gather and exchange the following information with all involved parties if possible and safe to do so. Full name, address, and contact details Driver’s license and vehicle registration numbers Insurance details The make, model, and colour of the vehicles Document the Scene: Take photos of the vehicles, damage, and the surrounding area. If safe, capture details such as road conditions, traffic signs, or signals. Police Report: If the police attend, they will conduct an investigation and may file a traffic accident report. This report can help identify the at-fault driver. If the police do not attend or if the accident is minor, you can still report the accident to them, especially if you believe there’s a dispute about fault. You may need to file a traffic accident report with the local police station. Follow-up: Once the police have completed their investigation, they may provide you with information regarding the at-fault driver and their findings. If there is a dispute about who was at fault, this report can support your claim. Contact Your Insurance: Notify your insurance provider about the accident, providing them with all the relevant details and the police report if available. By following these steps, you can ensure that you have the necessary documentation to support your case and identify the at-fault driver in the accident. Determining who the at-fault driver is Fault in road accidents is determined by assessing the circumstances surrounding the collision, using the principle of “negligence” under the Traffic Act and Common Law. The goal is to establish which driver (or other road user) was responsible for the accident due to failure to meet their duty of care on the road. Key factors involved in determining fault include: Traffic Laws Violation If one driver violated traffic laws, that may establish fault. Here are some examples of when a driver is likely at fault. Running a red traffic light Failure to stop at a sign, signal or pedestrian crossing Failure to slow in a construction zone that has reduced limits Failure to give way Driving over the speed limit Driving under the influence of drugs or alcohol Driver Behaviour & Negligence Fault may be assigned if a driver was negligent in their actions. For instance, failing to maintain a safe following distance, failing to indicate, or not paying attention to road signs could be considered negligent behaviour. Witness Testimony & Evidence Police reports, witness statements, and any available dashcam footage or traffic camera evidence can provide critical information in determining fault. The more evidence available, the clearer the determination of fault may be. Vehicle Damage & Positioning The location of damage on the vehicles involved can give insights into the dynamics of the accident. For instance, if one vehicle rear-ends another, it may be clear that the driver of the rear vehicle was at fault for not maintaining a safe distance. Contributory Negligence In some cases, both drivers may share fault, known as contributory negligence. For example, if one driver was speeding while the other failed to give way, both parties may be partially at fault. Fault is apportioned based on the extent of each driver’s contribution to the accident. Insurance & The Legal Process In many cases, insurance companies will assess the evidence and determine fault to decide on compensation. If there is a dispute about fault, it may be resolved in court, where the judge will consider the facts, witness accounts, and the law to make a final determination. Ultimately, determining fault is about finding out which party failed to meet the required standard of care to prevent the accident, whether due to a breach of traffic laws, negligent driving, or failure to follow safe driving practices. If fault is disputed, it may require legal action or insurance investigations to establish who is responsible for the accident. Is there such a thing as a blameless accident? Yes, a blameless accident is a legal term used in some jurisdictions, including Queensland, to describe an accident in which no party can be found at fault or in which the cause of the accident is beyond the driver’s control or that of any of the involved parties. In these cases, the accident occurs due to unforeseeable circumstances or factors that couldn’t have been avoided by either driver, even if they were driving safely and following all relevant laws. The concept of a blameless accident is particularly relevant when discussing compulsory third-party (CTP) insurance. Under the Motor Accident Insurance Act 1994 (Queensland), a person who is injured in a motor vehicle accident that is deemed to be a “blameless accident” may still be entitled to compensation, even if they were not at fault for the accident. Common examples of blameless accidents include: Mechanical Failures: A vehicle suddenly breaks down or experiences a mechanical failure that causes an accident, and no party is negligent (e.g., the driver did not know there was an issue). Natural Causes: An accident caused by extreme weather conditions, such as a sudden gust of wind or a flash flood, which makes it impossible for drivers to react or avoid the collision. Unforeseen Events: Unexpected situations like a tyre blowout or an