How is fault determined in a personal injury case?

Fault in a personal injury case is determined by evaluating whether a party was negligent — meaning they failed to act with the reasonable care expected under the circumstances, and that failure caused the injury. Evidence used to establish fault includes: police and incident reports, witness statements, surveillance and dashcam video, photographs of the scene, expert accident reconstruction, electronic data from vehicles (black boxes), cell phone records showing distraction, and any evidence of rule or law violations. In some cases, fault is clear and largely undisputed (a driver runs a red light). In others, multiple parties share responsibility, and the insurer or jury must apportion a percentage of fault to each. Your attorney's job is to build the strongest possible case that the defendant bears primary responsibility for your injuries, minimizing any fault attributed to you.