At L&H Injury Lawyers, Sunshine Coast, we know that being involved in a car accident can turn your life upside down in an instant. Amid the shock, the physical pain and the emotional distress, one of the biggest questions on your mind is often: Who’s at fault?
Determining fault is about more than assigning blame; it is the foundation for insurance claims, legal actions and making sure you and your loved ones receive the compensation you deserve.
Take a look below at how fault is determined in different types of crashes, understand what happens when responsibility is shared and discover the steps you should take right after a motor vehicle accident.
The goal here is to give you clear, practical information so you can make informed decisions every step of the way. If you’ve been involved in an accident and need to seek legal advice, we’re here to help.
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How to Determine Who is at Fault in a Car Accident
Gathering the Evidence
To figure out who is at fault in a car accident, incident or collision, all available information must be gathered, including:
The Accident Scene
Photographs of skid marks, debris and final resting positions of the vehicles can tell an important story.
Vehicle Damage
The pattern and extent of damage often indicate points of impact and angles of collision.
Traffic Signs and Signals
Were road rules clearly visible? Was a stop sign or traffic light obscured?
Police Reports
These contain official observations, any traffic infringements or fines issued, witness versions and contact details and often even include preliminary conclusions about who is at fault.
Witness Statements
Bystanders, passengers or nearby motorists can confirm or clarify what happened, especially if they witnessed the entire accident.
Surveillance or Dashcam Footage
Increasingly common on Sunshine Coast roads, video evidence can be the most objective window into what occurred.
Collecting all this information right away before evidence is disturbed is critical. It is a good idea whenever possible, to take photos on your phone, exchange details with other drivers and ask witnesses to stay until the police arrive.
These small actions can make a big difference later on. Even when it seems you’ve been involved in a not-at-fault car accident, it can still be contested by the other driver’s insurer. That’s why it is always important to be vigilant, even if you are positive the other driver caused the accident.
Who Actually Decides Fault?
In Queensland, discovering the person responsible can involve several parties:
Police Officers at the Accident Scene
Their official report can carry significant weight, especially if they issue traffic infringement notices or record driver statements.
CTP Insurers and/or their Legal Representatives
After receiving your claim, the other driver’s insurer will investigate the circumstances of the accident, including review of police reports, witness accounts and contemporaneous records such as hospital and medical notes.
At L&H Injury Lawyers, we aim to present a clear and persuasive case from the outset to encourage the insurer to accept liability early in the process. The insurer has up to six months to decide. If liability is accepted, the focus shifts to negotiating how much compensation you are entitled to.
If liability is initially denied, it can significantly reduce the compensation the insurer is prepared to offer. In that case, L&H Injury Lawyers will continue to advocate strongly on your behalf to challenge and overturn the insurer’s decision on liability.
Settlement Negotiations
In most cases, once the initial liability response is provided by the insurer, the claimant and their lawyer will attend a settlement conference in person with the insurer and/or their lawyer. If liability remains in dispute, L&H Injury Lawyers will continue to advocate strongly for your position.
We will also negotiate the amount of compensation you are entitled to, ensuring that all aspects of your damages, such as medical expenses, lost income, and pain and suffering, are properly considered and fairly assessed. If the matter does not resolve at the settlement conference, further negotiations may take place prior to, or during any formal court proceedings.
Court
In very rare cases, if the claimant and the insurer cannot reach agreement on liability and/or the amount of compensation, the matter may proceed to trial. At trial, an independent decision is made by a judge based on the evidence presented by both sides.
At L&H Injury Lawyers, we can work alongside you to ensure that all relevant evidence is properly presented and explained, making sure the full picture is represented, not just fragments that could paint you in a negative light.
Common Types of Car Accident: Not at Fault vs at Fault
Rear-End Collisions
Typical Scenario: A driver follows too closely and can’t stop in time, colliding with the vehicle ahead.
General Rule: The driver who strikes the vehicle in front is usually deemed at fault, because the law requires maintaining a safe stopping distance.
Possible Exceptions:
If the lead driver performs one of the following actions.
- Suddenly slams on brakes for no clear reason
- Reverses unexpectedly
- Drives with faulty tail lights at night or in poor visibility
- Displays aggressive or erratic behaviour
Evidence to Collect: Where safe to do so: Photos of the distance between vehicles, where safe to do so, and brake lights working or not. Ask for witness accounts confirming sudden stops and any dashcam footage.
Why This Matters: Even if you were rear-ended, the other driver’s insurer may initially deny fault, claiming you braked too hard, swerved or created a hazard.
An experienced lawyer can help clients present clear proof of what actually happened to minimise disputes.
Side-Impact (T-Bone) Collisions
Typical Scenario: One vehicle crosses into an intersection or turns into traffic as another vehicle proceeds straight.
General Rule: The driver who failed to yield the right of way, often by running a red light or stop sign, is usually at fault.
Possible Exceptions: If the vehicle travelling straight was exceeding the speed limit, or if other negligent contributing factors exist.
Evidence to Collect: Time-stamped traffic camera footage, if available, the sequence of lights at the intersection, measured distances and any skid or brake marks.
Why This Matters: T-bone collisions frequently cause serious injuries, especially to the occupant on the struck side. Proving clear right-of-way violations can be essential to your claim.
Right-Turn Accidents
Typical Scenario: A driver turning right fails to see or properly give way to oncoming traffic, cyclists or pedestrians.
General Rule: The turning driver owes a duty to give way and is typically at fault if they turn into the path of another road user.
Possible Exceptions: If the oncoming driver was speeding, illegally overtaking or not in the correct lane.
Evidence to Collect: Diagrams of the intersection, statements from other motorists or pedestrians and any CCTV from nearby businesses or traffic cameras.
Why This Matters: Right-turn accidents can involve vulnerable road users, like cyclists or pedestrians. We work to clearly establish who was at fault and ensure your medical and rehabilitation expenses are funded in full wherever possible.
Reversing Accidents
Typical Scenario: A driver reverses out of a driveway or parking spot and strikes another vehicle, pedestrian or cyclist.
General Rule: The reversing driver is usually at fault because reversing requires extra caution, particularly in private driveways and parking areas.
Possible Exceptions: If the pedestrian or cyclist suddenly darted behind a stationary vehicle, giving the reversing driver no time to react.
Evidence to Collect: Photos of the driveway or parking lot layout, witness contact details and any security camera footage from homes or local businesses.
Why This Matters: Even low-speed incidents can lead to medical issues like whiplash. We help to ensure that fault is established and that your pain and suffering are thoroughly assessed by healthcare professionals so that you receive the compensation you are entitled to.
Multi-Car or Chain-Reaction Accidents
Typical Scenario: A “ripple effect” crash involving three or more vehicles, often on busy highways or in congested areas.
General Rule: Fault may be spread across more than one driver. An initial negligence, such as a sudden stop, can cause a domino effect.
Possible Exceptions: If a tail driver anticipates and has the space to avoid an accident but still collides, their shared fault may increase.
Evidence to Collect: Detailed diagrams, statements from each driver and witnesses, any CCTV from nearby businesses or traffic cameras and traffic flow data for the time of day.
Why This Matters: It can be hard to untangle who did what first. Our team can engage an expert in accident reconstruction to show exactly which driver’s actions set off the chain of events.
Contributory Negligence: When Fault Is Shared
Not every car accident has one clear cause. In many cases, both drivers may have contributed in some way, even if only slightly. This is known as contributory negligence, and it can affect how much compensation you’re entitled to.
What Does It Mean for Your Claim?
Under Queensland law, if you’re found to be partly at fault, your compensation can be reduced in line with your share of responsibility. For example, if you’re assessed as 20% at fault, your compensation could be reduced by 20%.
Breaking traffic laws, such as not wearing a seatbelt or being slightly over the speed limit, can lead to a partial fault determination. But this doesn’t mean you’re not entitled to support.
Common Examples of Shared Fault
- Entering an intersection too fast while the other driver fails to give way
- Changing lanes without checking blind spots, while the other vehicle was speeding
- Being struck by a negligent driver while not wearing a seatbelt
- Failing to indicate while turning, combined with the other driver’s distraction
These situations aren’t black and white. Your side of the story must be presented clearly.
How It Affects Your Compensation
Contributory negligence can impact how much you’re able to recover for things like:
- Medical treatment and rehabilitation
- Lost income or future earning capacity
- Pain and suffering
- Out-of-pocket expenses
The amount is reduced in proportion to the level of your contribution to the accident, so building a strong case is key.
How We Can Help
If you cannot prove you are not at fault, car accident lawyers who are experienced in personal injury compensation can take the time to explain how fault-sharing works.
At L&H Injury Lawyers, we understand the stress that comes with being partly blamed for an accident, especially when you’re already dealing with injuries. Our role is to minimise impact by:
- Presenting evidence that supports your version of events
- Analysing police reports, medical records and CCTV footage
- Challenging any exaggerated or unfair findings of fault
- Ensuring you still receive the maximum compensation you’re entitled to
You Still Have Options
Being partly at fault doesn’t mean you lose your right to support. If you’ve been injured, your recovery still matters, and so do your legal rights. Let us help you navigate the next steps with compassion, clarity and confidence.
What If I Was at Fault for the Accident?
Being involved in a car accident is stressful enough. Realising you may have been at fault can make it even more overwhelming. You might be unsure of your rights, whether you can claim compensation or what the road ahead will look like.
At L&H Injury Lawyers, we’re here to reassure you: being deemed at fault when the accident occurred doesn’t necessarily mean you’re on your own.
Can I Still Make a Claim?
In Queensland, there are some limited circumstances in which you may still be eligible for some support if you are the driver at fault, especially when serious injuries are involved.
- If you have sustained a serious personal injury in a motor vehicle accident, you may be eligible for support through the National Injury Insurance Scheme Queensland (NIISQ). This scheme provides necessary and reasonable treatment, care and support for people who have sustained eligible serious personal injuries, regardless of fault.
- In some limited circumstances, if you’ve been injured, even as the at-fault driver, you may be entitled to medical treatment and rehabilitation through your own CTP insurance company, if you have specific at-fault driver protection cover as part of your CTP Insurance. You should contact your CTP Insurer to find out whether you have at-fault driver protection coverage.
- If someone else was injured in the accident, your CTP insurance will cover their injury claim, protecting you from having to pay out of pocket in most cases.
How We Can Help
If you think you were at fault for a car crash, or if the fault is unclear, it’s best to get advice early. A conversation with our team won’t commit you to anything, but it might give you peace of mind and a clearer path forward.
L&H Injury Lawyers can:
- Review the details of your accident
- Help you understand your rights, even if fault seems to rest with you
- If there is fault or partial fault on behalf of the other driver, communicate with insurers on your behalf
- Make sure your well-being and recovery stay the top priority
You're Not Alone
If you’ve been injured in a motor vehicle accident, you deserve support, even if you are at fault. Car accidents can happen to anyone, anytime. We approach every case with empathy, honesty and come with years of injury claim experience. Whether you’re unsure about where you stand or simply need guidance, we’re here to help you make sense of it all, with no judgment and no pressure.
What to Do After a Car Accident: Your Checklist
Even if you’re shaken or hurt, these steps are essential to follow after an accident and may preserve critical evidence:
- Ensure Safety First
- If anyone is seriously injured, call 000 immediately.
- Turn on hazard lights and, if possible, set out warning triangles.
- Call the Police
- Always report the accident if there’s significant damage, injury or a refusal to exchange details.
- Ask for a copy of the police reference number and a copy of the traffic incident report.
- Exchange Information
- Collect the name, contact number and address of all drivers involved.
- Collect the vehicle registration numbers and insurance company details of any other car involved.
- If there are passengers or witnesses, request their names and phone numbers.
- Photograph Everything
- Multiple angles of each car, including close-ups and wider shots for context. Be sure to include your own car and any other vehicle involved.
- Intersection layout, traffic lights, road signs, skid marks and weather conditions.
- If you’re safely able, photograph any personal injuries such as immediate bruises, cuts or swelling.
- Collect Witness Statements
- Approach witnesses calmly and request their contact details so they can be reached later to provide their account if necessary.
- Exchange Accident Reports
- Contact your insurer as soon as you can, preferably the same day.
- If there’s any dispute about fault, having your own claim on record can speed up the process.
- Seek Medical Attention
- Even if you feel fine, adrenaline can mask injuries immediately after a crash.
- A qualified medical professional should check you for whiplash, head trauma, spinal issues or internal injuries.
- Ensure that you report all symptoms to your doctor so that these are assessed, treated and recorded in medical notes.
- Keep copies of all medical notes, scans and treatment plans.
- Contact L&H Injury Lawyers
- The earlier we’re involved, the sooner we can help preserve evidence and guide you through your next steps.
- We’ll support you with everything from filing the Notice of Accident Claim form to negotiating with insurers.
Knowing the Time Limits: Don’t Miss Your Window
Every car accident claim in Queensland has strict time limits. If you miss these, you could forfeit your right to compensation entirely:
- Notice of Accident Claim Form: This should be submitted to the other party’s insurer no later than 9 months from the date of the crash, or within 1 month of first consulting a lawyer, whichever is earlier.
- Three-Year Limitation Period: You must resolve your claim or commence court proceedings within 3 years of the date of the accident. This is a hard legal deadline and extensions are rare.
Time limits exist to ensure evidence is fresh and memories are clear. The sooner you involve us, the better we can protect your interests. We’ll handle every deadline so you can focus on your recovery.
Compassionate, No Win No Fee, Legal Representation
We understand that dealing with a car accident can place a heavy financial burden on you and your family. That’s why L&H Injury Lawyers offers our services on a No Win No Fee basis:
No Upfront Costs
You don’t pay us anything unless we recover compensation for you.
Transparent Communication
We explain every step, from filing paperwork to negotiating settlements.
Caring Support
We know it’s not just about money. We’re here to listen, to answer your questions and stand by you over any hurdle.
Frequently Asked Questions
What if I was partially at fault for the accident?
Car accident fault determination rules in QLD provide that if you share any blame, your injury compensation could be reduced by your percentage of fault. For example, if you’re found to be 20% responsible, your payout is reduced by 20%. At L&H Injury Lawyers, we will work diligently to minimise any suggestion of contributory negligence by presenting strong evidence on your behalf.
How to prove who is at fault in a car accident?
Proving who is at fault in a car accident relies on clear evidence. This can include photos of the crash scene, dashcam footage, traffic camera footage, police reports, witness statements, traffic light data and damage patterns on the vehicles. The goal is to piece together what happened and show which driver was at fault. A lawyer can help interpret this evidence to support your claim.
Can I still claim if the other driver fled the scene?
Yes. If a driver flees, or if you cannot identify them, you can lodge your claim with the Nominal Defendant. We’ll guide you through lodging this claim within the strict time limits to ensure you don’t lose your chance for injury compensation.
What if the other driver is unlicensed or uninsured?
Being injured in a car accident is hard enough, but when the other driver is unlicensed or uninsured, it can feel even more overwhelming. The good news is, you still have options.
First, it’s important to report the accident to the police as soon as possible. If the other driver tells you they don’t have a valid licence or insurance, be sure to include this in your police statement. This documentation will be important for any future claim.
In Queensland, you may be able to make a claim through the Nominal Defendant scheme. This is a government-backed safety net designed to help people injured by unknown or uninsured drivers. If the at-fault driver is unregistered or cannot be identified, such as in a hit and run case, you can still access compensation for your injuries through this scheme.
A driver being unlicensed does not, on its own, trigger a Nominal Defendant claim unless the vehicle itself is also unregistered or unidentified. If the unlicensed driver was driving a registered vehicle the claim can still be made against the vehicle’s CTP insurer.
There are strict time limits for Nominal Defendant claims. Generally, you must lodge a claim within 9 months of the accident, or within 1 month of first speaking with a lawyer. Missing these deadlines can affect your ability to seek compensation.
At L&H Injury Lawyers, we’re here to guide you through the entire process. We’ll help prepare and lodge the correct paperwork, collect the evidence needed to show you were not at fault and ensure your rights are protected.
How is my compensation calculated?
We’ll assess your situation, consult medical professionals and present a thorough, evidence-based claim to insurers.
Injury Compensation generally covers:
- Medical Costs: Past, current and future treatment (doctor visits, hospital stays, physiotherapy, medications).
- Past and Future Loss of Earnings: including associated superannuation entitlements if your injuries force you to miss work or reduce hours or result in a long-term loss of earning capacity.
- Pain and Suffering: Recognising both physical pain and emotional distress.
- In some cases, Care and Assistance: Covers help you need at home, such as cleaning, personal care, or transport, even if provided by a friend or family member.
Learn more about CTP Claims.
What if I was a passenger in the accident?
Passengers typically claim against the at-fault driver’s insurance—regardless of which vehicle you were in. This may be the driver of your vehicle or the driver of another vehicle. At L&H Injury Lawyers, we’ll identify the correct insurer and guide you through the most effective path for your motor accident claim.
Does it matter if the accident happened in a private driveway or a car park?
Yes. CTP insurance can still apply even if the crash happened on private property, such as a driveway or shopping centre car park. While standard road rules often still apply in these areas, determining fault can be more complex. For example, a driver reversing into your path will typically bear most of the responsibility. In some cases, collisions on private property can involve different laws. In some cases, poor lighting, unclear signage or unsafe design may mean the property owner or occupier is liable or shares liability. This could give rise to a public liability claim. We’ll investigate any potential property owner or occupier liability to ensure you get the full compensation you deserve.
Every situation is different, so it’s important to get clear, personalised advice. At L&H Injury Lawyers, we’ll help you understand your rights and guide you through your options—even in unusual or uncertain circumstances.
