After a car accident, your first instincts may be to apologize or explain what happened to the other driver, the police, or even a bystander. It’s human nature. We want to make sense of what just occurred, and we don’t want to come across as uncooperative. Especially if you’re from the Midwest.
But when it comes to determining fault, those instinctive reactions can be used against you. That’s why, when it comes to what you should do after a car accident, you should avoid admitting or even discussing fault.
Fault plays a huge role in whether or not you can recover compensation for your damages, medical bills, or lost wages. And in Ohio, how fault is assigned can directly affect what you’re entitled to—if anything at all.
That’s why it’s critical to understand how fault is determined, what actions you can take to protect yourself, and when it’s time to get legal support.
What if It’s “Obvious” Who Is At Fault?
Some accidents seem clear-cut. Maybe you were rear-ended while stopped at a red light. Maybe someone ran a stop sign and hit the side of your car. Maybe the other driver even admitted fault at the scene.
In the world of insurance and legal claims, nothing is rarely that simple.
Drivers sometimes change their story once the immediate shock wears off. They might second-guess their actions or yours. Their insurance provider may pressure them to minimize their role in the crash. Event if fault seems obvious to you, a small, overlooked detail could shift the narrative.
Let’s take the example of a rear-end collision. While rear drivers are often blamed, they aren’t automatically at fault. What if the lead driver had faulty brake lights? What if they braked suddenly for no reason or merged into your lane recklessly? These nuances can complicate the determination of fault.
If you admit fault at the scene—whether verbally, in a police statement, or when speaking with an insurance adjuster—you could unknowingly limit your ability to recover compensation, even if you weren’t entirely to blame.
That’s why one of the most important things you can do after an accident is not to discuss fault at all. You can share simple facts. Describe what happened. But avoid words like “I’m sorry” or “I didn’t see you.” These phrases might feel polite and instinctual, but they can be interpreted as accepting blame.
How Is Fault Determined?
As we said before, fault is rarely straightforward, even when it seems to be. There are a number of factors to consider, some of which aren’t immediately apparent. Additionally, the specifics can vary from state to state.
The Legal Framework: Comparative Negligence
Ohio operates under a modified comparative negligence system. This means that more than one party can be assigned a percentage of fault for an accident. If you’re found to be more than 50% at fault, you can’t collect damages from the other party. But if your share of fault is 50% or less, your compensation will be reduced by that percentage.
For example, if you’re awarded $100,000 but found to be 20% at fault, you would receive $80,000. If you’re 51% responsible, however, you would get nothing.
This system makes details of your case all the more important. Every percentage point could mean hundreds of dollars or more, depending on the severity of the accident. Insurance adjusters know this, and they are obligated to look for any reason to push your fault percentage over the 50% line. That includes reviewing what you said at the scene, in your initial statements, or on social media.
Sources That Help Determine Fault
Fault is typically assigned by insurance companies and, if necessary, by courts. These decisions rely on several sources:
- Police reports: Officers write down what they observe at the scene, including driver statements, road conditions, and traffic law violations.
- Driver and witness statements: What you and others say will be evaluated for consistency and credibility.
- Physical evidence: Photos, vehicle damage, skid marks, debris, and surveillance footage all help tell the story.
- Medical reports: These can link the timing and severity of injuries to the accident itself.
- Accident reconstruction: In more serious cases, experts may be brought in to recreate the crash based on evidence and physics.
It’s important to remember: insurance companies aren’t neutral observers. Their goal is to protect their bottom line, not to ensure you get the maximum compensation. Without proper guidance, you could find yourself assigned more blame than you deserve.
What You Can Do to Prove Fault
Determining fault is not a passive process where you should sit idly while insurance companies handle the details. You need to be proactive and build your side of the case. By taking the right actions, you can greatly improve your chances of winning your case and receiving the entirety of what you are owed.
Here’s what you should do as soon as you’re able to:
1. Document the Scene Carefully
The first step in protecting yourself starts the moment the accident happens. If you’re physically able, use your phone to take photos or videos of:
- Vehicle positions
- Damage to all involved vehicles
- Traffic signs, road conditions, and nearby businesses
- Any visible injuries
Even small details like a skid mark or debris in the road can offer crucial insight later.
Also, don’t rely on the police to gather every piece of evidence. Officers are focused on public safety and traffic management. They may not record every angle or track down every witness. Get the responding officer’s name and badge number and ask how you can obtain the report.
2. Write Down What Happened
Memory is fragile—especially during high-stress events. Within hours, you may forget specific details or start blending events together. As soon as you can, write down exactly what happened. Include:
- Where you were coming from and heading to
- How the crash occurred
- What the weather and lighting were like
- Any statements the other driver made
This written account becomes your personal reference point. If the story ever starts to shift—whether by you, the other driver, or the insurance company—you’ll have a clear version to fall back on.
3. Talk to Witnesses
If anyone nearby saw the accident, ask for their contact information. An unbiased third-party witness can help confirm your version of events and provide critical testimony, especially if the other driver disputes your claim.
Approach them respectfully. Even just a name and phone number can help your attorney follow up later.
4. Speak to an Attorney
When it comes to determining fault, you need more than a good story. You need a strategy. Even if you do everything right at the scene, fault isn’t always assigned fairly. And once the process begins, it’s easy to feel overwhelmed. This is where an experienced car accident attorney becomes invaluable.
A personal injury attorney is able to:
- Conduct an independent investigation
- Gather surveillance footage or contact witnesses
- Work with accident reconstruction experts if necessary
- Help you respond to insurance companies and avoid damaging your case
- Ensure you’re not assigned an unfair portion of the blame
Even if your accident doesn’t seem severe, it never hurts to talk to an accident attorney. They typically offer free consultations, and in many cases, you don’t owe anything unless your case is won.
Don’t Wait for Things to Spiral
At The Richards Firm, we often hear from clients after they’ve already spoken to insurance adjusters, sometimes even after their claim has been denied. While we can still help in those situations, we encourage you to reach out sooner rather than later.
The earlier we’re involved, the better your chances of preserving valuable evidence and presenting a strong, consistent case.
Talking to a lawyer doesn’t mean you’re filing a lawsuit. It just means you’re protecting yourself. With The Richards Firm, your initial consultation is completely free, and should you move forward with us, you won’t owe anything unless we win your case.
At The Richards Firm, you can always expect to be heard and seen. We’ll happily meet you where you’re most comfortable, whether that’s at your home, at our office, virtually, or somewhere else.
For a vehicle accident attorney in the Hamilton/Cincinnati area, contact The Richards Firm today by calling us at 513-461-0084 or clicking here.
