Who is at fault in a car accident? (Queensland)

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:

1. 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).
2. 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.
3. Unforeseen Events: Unexpected situations like a tyre blowout or an animal suddenly crossing the road, where the driver had no opportunity to avoid the accident despite being cautious and adhering to traffic laws.

While the term “blameless accident” exists, it is important to note that in the majority of accidents, there is usually some form of fault or negligence involved. Blindspot accidents are generally not considered blameless accidents.

In the case of a blameless accident, insurance and compensation systems may allow victims to claim compensation, even if no one is deemed responsible for causing the accident.

Can more than one person be ‘at fault’?

Yes, more than one person can be “at fault” in a road accident. This is known as contributory negligence, where multiple parties share responsibility for the accident, and the fault is apportioned between them based on their level of contribution to the incident.

Here are some examples under Queensland law where more than one party could be considered at fault:

Failure to Give Way + Speeding

• Scenario: A driver is speeding and fails to give way at an intersection. At the same time, another driver fails to check their blind spot while merging into traffic. The speeding driver caused a collision by running a red light, while the merging driver did not check adequately, contributing to the crash.
• Outcome: Both drivers are found to be at fault. The speeding driver is primarily responsible for failing to obey traffic laws, while the merging driver shares some responsibility for not checking their surroundings. The court or insurance companies would apportion the blame based on the severity of each party’s actions.

Reversing + Failing to Indicate

• Scenario: A driver is reversing out of a driveway without looking properly. At the same time, another driver is speeding and fails to stop at a stop sign, resulting in a collision with the reversing vehicle.
• Outcome: Both parties are at fault. The driver reversing is partially responsible for not checking their surroundings, while the speeding driver is at fault for not stopping at the stop sign. The court might divide the responsibility, with the speeding driver perhaps bearing more blame if their actions were considered more reckless.

Tailgating + Sudden Braking

• Scenario: A driver is tailgating another vehicle. The lead driver suddenly brakes to avoid hitting an animal on the road, and the tailgating driver crashes into the back of them.
• Outcome: The tailgating driver is at fault for not maintaining a safe distance, but the lead driver could also share some fault for sudden braking without proper warning, especially if it was deemed that the action was not entirely necessary or reasonable in the circumstances. Again, the fault would be shared, with the tailgating driver likely taking more responsibility.

Lane Change and Failing to Signal

• Scenario: Driver A is in the right lane, intending to turn left, and makes a sudden lane change without signalling. Driver B, in the left lane, is speeding and doesn’t have time to react to the lane change. Driver B collides with Driver A while attempting to overtake.
• Outcome: Both drivers are at fault. Driver A is at fault for changing lanes without signalling, while Driver B shares responsibility for speeding and not maintaining a safe distance to react. The court or insurance might assign fault proportionally.

Weather Conditions and Inattention

• Scenario: A heavy downpour creates slippery conditions. Driver A is driving cautiously but suddenly swerves to avoid a puddle and collides with Driver B, who was not paying attention to the road and was driving too fast for the conditions.
• Outcome: Both drivers may share fault. Driver A’s swerve could be considered an overreaction or an unsafe manoeuvre, while Driver B may bear more fault for not adjusting their speed to the conditions.

Apportionment of Fault

When multiple parties are found to be at fault, the Motor Accident Insurance Act 1994 allows for apportionment of responsibility. The degree of fault is allocated based on the actions of each party and their contribution to the accident. For example, if one driver was 80% responsible and another was 20% responsible, this proportion would be used to calculate compensation or damages.

Insurance companies will review the evidence (including witness statements, police reports, and vehicle damage) to determine how the fault should be shared between the parties involved.

Multiple parties can be considered at fault, and the responsibility is apportioned based on the circumstances of the accident and the parties’ actions leading up to it.

How is fault determined if it was a multi-motor vehicle accident?

In a multi-vehicle accident, fault is determined based on the investigation of each driver’s actions, vehicle positions, and evidence such as witness statements. In cases like rear-end collisions, the driver behind is generally assumed at fault unless proven otherwise.

Police officers will complete a traffic accident report, and insurance companies will also assess evidence to determine liability. All drivers involved may share fault depending on the circumstances, and compensation can be claimed through the Motor Accident Insurance Act or insurance.

Making a car accident claim as a not ‘at fault’ driver

As a not-at-fault driver, you must complete claim forms and provide evidence such as written statements detailing the accident to make a car accident claim. Collect witness statements and submit any supporting documents, including photos, police reports, and vehicle damage details. Ensure all claim documents are accurate for a successful claim process.

Can you make a claim as an ‘at fault’ driver?

Yes, an at-fault driver can make a CTP (Compulsory Third Party) claim, but it is limited. While an at-fault driver cannot claim compensation for injuries caused by their own negligence, they can still claim for injuries sustained in the accident if they have a valid CTP insurance policy. However, compensation may be reduced or denied if the driver’s actions directly caused the accident.

Who can make a CTP claim?

Anyone injured in a motor vehicle accident can make a CTP (Compulsory Third Party) claim, regardless of fault. If you’re not at fault, you can claim compensation for injuries. If you’re at fault, you can still make a claim for injury compensation if the other party is partially at fault.

If you’re at fault, you can still make a CTP claim for compensation, but it may be limited. You could be eligible for compensation for injuries caused by another driver’s negligence, depending on the circumstances.

Rideshare and hire cars

If you’re injured while in a hire car or rideshare vehicle, you can still make a CTP (Compulsory Third Party) claim. The claim would be made against the CTP insurance of the vehicle involved in the accident, regardless of whether it’s a hire car or a rideshare vehicle like Uber.

• If you’re a passenger in a hire car or rideshare, you can claim compensation for your injuries under the CTP scheme, even if the driver is at fault.
• If you’re the driver of a hire car or rideshare vehicle, you may also be eligible to make a claim for injuries under the CTP insurance of hire car company or rideshare vehicle, though it would depend on the circumstances of the accident.

It’s important to ensure that the relevant insurance details are recorded and to seek legal advice for guidance specific to your situation.

Pedestrian-car accidents – who is at fault?

In pedestrian-car accidents, determining fault can depend on several factors, including the actions of both the pedestrian and the driver. Here’s how fault is typically assessed in different scenarios:

When the driver is at fault

In most cases, the driver is expected to take primary responsibility for avoiding accidents involving pedestrians, especially if the pedestrian is crossing at a designated crossing or is in a place where they have the right of way.

Pedestrians crossing at a designated crossing or in areas where they have legal priority should be allowed to proceed safely. The driver has the responsibility to yield and avoid accidents, ensuring they don’t interfere with the pedestrian’s right of way.

Common scenarios where the driver would be at fault include:

Failure to Give Way: Drivers who fail to stop at a pedestrian crossing or do not give way to pedestrians who have already started crossing are typically at fault.

Example: A driver runs a red light or does not yield to a pedestrian at a pedestrian crossing, causing an accident.

Speeding or Reckless Driving: If the driver is speeding or driving recklessly in areas where pedestrians are likely (such as near schools or shopping centres), they may be held liable for the accident.

Example: A driver speeds through an area where pedestrians are crossing, making it difficult to stop in time.

Not Paying Attention: If the driver is distracted, such as by using a phone or not paying attention to the road, they may be found at fault for failing to see the pedestrian in time.

Example: A driver texting while driving fails to notice a pedestrian crossing the road.

When the pedestrian is at fault (blameless accident for the driver):

A blameless accident can occur in pedestrian-car collisions, but this typically happens when the pedestrian acts in a way that makes it impossible for the driver to avoid the accident despite reasonable care.

Scenarios where a pedestrian might be at fault could include:

• Pedestrian crossing violations – Refers to when pedestrians cross the road outside of designated areas, such as a crosswalk or pedestrian light, or when they disregard traffic signals.
• Unsafe pedestrian crossing – A broader term for crossing in areas not meant for pedestrian use or crossing unsafely, like between parked cars or not following road rules.
• Improper pedestrian behaviour – Describes when a pedestrian does not follow the correct or safe practices while crossing the road, which can lead to accidents.
• Pedestrian misjudgment – This could be used when a pedestrian makes a sudden or unanticipated move that puts them in danger, like stepping out between vehicles.
• Running into the Road Unexpectedly: If a pedestrian unexpectedly runs into the road from a location where they are not visible to drivers (such as behind a bus or from a hidden area), and the driver has no opportunity to stop or avoid them.
• Ignoring Traffic Signals: If a pedestrian crosses the road against a “Don’t Walk” signal or disregards other road signs or traffic lights, they may be considered at fault.

When both parties share fault (contributory negligence):

Both the pedestrian and the driver can be considered at fault in cases where their actions jointly contribute to the accident. In such cases, contributory negligence applies, where the fault is shared between the two parties based on their respective contributions to the incident.

Common scenarios include:

• Driver’s Speeding and Pedestrian’s Ignoring A Red Pedestrian Signal: If a pedestrian walks across a road on a red pedestrian signal and the driver is speeding or not paying enough attention to the road, both parties can share fault. The driver’s speed makes it harder to stop in time, while the pedestrian’s illegal crossing adds to the risk.
• Pedestrian Crossing at an Unmarked Area and Driver Not Yielding: If a pedestrian crosses at a place other than a pedestrian crossing (e.g., an unmarked area) and the driver doesn’t slow down or take extra care when approaching, both parties could share responsibility.

Blameless Accident in Pedestrian-Car Collisions:

In some rare cases, neither the driver nor the pedestrian may be considered at fault. This is typically the case in situations where the cause of the accident could not reasonably have been avoided by either party. For example:

• Unavoidable Circumstances: The driver may be faced with an unavoidable emergency, such as another car swerving into their lane or a mechanical failure, making it impossible to avoid a pedestrian even though they were driving carefully and within the law.
• Sudden Medical Emergency: A driver or pedestrian may experience a medical emergency (like a heart attack or seizure) while driving or crossing the road, which causes the vehicle to hit a pedestrian. In such cases, it could be considered a blameless accident.

Fault in pedestrian-car accidents depends on the actions of both the pedestrian and the driver. The driver is typically at fault if they fail to give way or drive recklessly. However, pedestrians can be at fault if they cross the road improperly or unpredictably.

In many cases, both parties may share fault due to contributory negligence. Ultimately, each case will be assessed based on specific facts, such as the driver’s behaviour, the pedestrian’s actions, and any external factors that could have influenced the accident. The Motor Accident Insurance Act 1994 (QLD) provides a framework for compensation, regardless of who is at fault, under certain circumstances, such as when the accident is blameless or the parties share fault.

Making an insurance claim

Making an insurance claim involves notifying your insurer about the incident covered by your insurance policy. You’ll need to provide necessary evidence, such as reports or documentation, to support your claim and ensure you meet the policy’s requirements.

If you’re not at fault in a motor vehicle accident, you can make a CTP (Compulsory Third Party) claim for compensation. Your CTP insurance will cover liability for at-fault accidents. Comprehensive insurance can cover damage to your vehicle.

If you’re partially at fault in an accident, you may still be able to make a CTP claim. However, your compensation might be reduced in proportion to your level of fault. Comprehensive insurance may also help cover damages.

Who pays for vehicle damage? Third-party property insurance – comprehensive insurance

In a motor vehicle accident, who pays for vehicle damage depends on the insurance coverage:

• Third-Party Property Insurance: Covers damage to another person’s vehicle or property, not your own.
• Comprehensive Insurance: Covers both your vehicle and the other party’s property damage, regardless of fault.

In relation to fault:

• If you’re at fault: Your Comprehensive Insurance covers your vehicle and property damage; the other driver’s damage is paid by their own insurance (or your Third Party Property Insurance, if applicable).
• If you’re not at fault: The at-fault party’s insurance (or your own Comprehensive Insurance) covers your vehicle damage. You can also make a CTP claim if injured.

Legal Aid Queensland has put together this guide, which may help further clarify the steps to take regarding claiming damages for your own car or that of someone else.

Making a personal injury claim

To make a personal injury claim, seek legal advice from a compensation lawyer. Your lawyer will guide you through the process, ensuring you understand your rights. They will assist in gathering evidence from the accident scene and any medical records, negotiating with insurers, and pursuing fair compensation for your injury-related damages and losses.

What if I was on my way to work at the time or in a work vehicle?

If a driver was at fault in the accident and was either commuting to work or in a work vehicle, there still may be options for seeking compensation.

Here’s what to do:

1. Seek Legal Advice: It’s crucial to get legal advice from an experienced lawyer. They can help determine whether you’re entitled to compensation under the Motor Accident Insurance Act or workers’ compensation.
2. Motor Accident Insurance Act: If the at-fault driver is another party, you may be able to make a claim against their motor vehicle insurance through the Motor Accident Insurance Act. This can cover medical expenses, lost wages, and pain and suffering resulting from the accident.
3. Workers’ Compensation: Even if the other driver was at fault, if you were in a work vehicle or on your way to work at the time of the accident, you may still be entitled to workers’ compensation. Workers’ compensation covers work-related injuries, regardless of fault. You can claim for medical expenses, rehabilitation, and lost income.
4. Injuries from the Accident: If your injuries were significant, your lawyer can help you pursue both workers’ compensation and a claim under the Motor Accident Insurance Act, depending on the details of the accident and your employment status.
5. Insurance Claims: If the at-fault driver has insurance, you may also be able to pursue a claim through their insurer to recover costs related to the accident. If the driver is uninsured or underinsured, other insurance options might be available.

In summary, even if the driver was at fault, there are still options for pursuing compensation through an employer’s workers’ compensation, the at-fault driver’s insurance, or the Motor Accident Insurance Act. Always seek legal advice to ensure you are taking the right steps and protecting your rights.

Is it true that admitting fault or saying sorry means that the driver was at fault?

In Queensland road law, simply admitting fault or saying “sorry” after an accident does not automatically mean you are legally at fault. However, anything you say can be used as evidence in the claims process. It’s important to speak with a lawyer before making statements, as certain admissions might be interpreted as accepting liability. Always focus on reporting the facts and seek legal advice promptly.

If you’ve been injured and are unsure where to start, you don’t need to manage the process alone. If you’re wondering who is at fault in a car accident, our compensation lawyers can help. Contact us today for a free, no-obligation consultation—we’ll explain your legal options under Queensland laws and ensure you have the advice you need to approach your matter.