What are the Car Accident Fault Determination Rules in Australia?

May 21, 2024    litigation lawyers
What are the Car Accident Fault Determination Rules in Australia?

Car accidents can result in deeply traumatic experiences laden with not only injuries but also emotional and financial burdens. During these emergencies, it is normal to feel overwhelmed, making it challenging to determine fault for a car accident. In such cases, expert legal guidance from car accident lawyers in Perth can come to your rescue. They have unparalleled experience in determining faults for car accidents and representing you during legal procedures.

Determining the fault of car accidents can be complex, as it requires a detailed and accurate report of the accident, a thorough investigation, and a clear understanding of the legal system. This comprehensive guide will help you explore the factors influencing fault determination, car accident fault determination rules, and the role of Litigation lawyers in Perth during legal processes.

How is Fault Determined in a Car Accident?

Certain factors can determine the fault of car accidents in Western Australia. A detailed understanding of these factors can aid in legal procedures and the pursuit of compensation.

Violation of Traffic Laws :

One of the key considerations in fault determination of car accidents is whether you have violated any traffic laws or not. For instance, if you were speeding or ran a red light, you can likely be held responsible for the accident.

Police Reports:

The police officers who will attend the accident spot will detail the incidents in a report. This report may include information on potential traffic violations and weather conditions. This serves as an impartial third-party assessment of the accident, detailing all the events and further determining the one who is at fault.

Statement of Witness and Evidence from the Scene:

The statements of eyewitnesses can serve as priceless insight into the accident and aid in establishing faults. Ensure that contact information is collected from the witnesses at the scene and approach them later to collect formal statements. Apart from this, photographs and video from dash cameras or CCTV footage can help in understanding the accident scene.


When you are responsible for actions such as being distracted while driving, attending a phone call, or being intoxicated, it can play a major role in determining fault for the accident.

It is a prerequisite to collect and preserve evidence to support your claim and increase your chances of compensation.

Understanding Contributory Negligence and Shared Fault

There are several cases where a single party is not responsible for the accident. When the injured party is also partially responsible for the accident, it is referred to as contributory negligence. In these cases, the extent or the degree of fault is essential in determining the amount of compensation awarded.

As per Western Australian Law, the court has the authority to reduce an injured person’s compensation if he/she is partially responsible for the accident. For instance, if the injured person is 30 % responsible for the accident, their compensation is reduced by 30 %.

How Can Accident Lawyers in Perth Help You?

The assistance of experienced car accident lawyers in Perth can offer invaluable guidance and solutions through the complex legal and claim process. A competent legal advisor will guide you through the entire legal process. They are skilled in collecting evidence to help you during the representation of your claim.

In some serious cases, the fault might be complex and disputed; for instance, the insurance payout might not cover the actual damages incurred during the accident. In such cases, the settlement cannot be reached with the help of insurance claim officers. This is where a litigation lawyer in Perth comes to your rescue.

Obtaining compensation as an injured victim can also be a complex process that needs proper guidance from the initial consultation to the resolution of the case. A competent personal injury lawyer in Perth, WA, can make this process easy for you through their deep insight into the rules and experiences of car accident fault determination.


Determining fault in car accidents in WA can be a complex process and comprises a combination of statutory rules. However, suppose you encounter or get involved in a car accident. In that case, the initial and immediate step must always be to make sure that everyone is safe and call the police in case of injuries or major damage. A competent legal assistant can help you come out of this complicated legal process and provide satisfactory compensation.

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