How Is Fault in an Intersection Collision Determined

In an intersection crash, responsibility for the accident is usually assigned to the driver who did not follow the proper rules of the road. This could mean they failed to adhere to traffic signs and signals or drove in a way that was careless or reckless. 

To determine who was at fault, those involved in the crash must look at who had the right-of-way and whether or not the drivers were following the law. If either driver did not follow signage, signals, or traffic laws, they might be liable for any resulting injuries or damage.

Causes of Intersection Collisions

To ensure a safe and efficient traffic flow, intersections must have clearly communicated rules to drivers. Traffic signals, road signs, and pavement markings are all important components of a functional intersection. 

Signs and signals inform drivers of the road’s rules and provide warnings about upcoming road hazards. Pavement markings delineate where drivers should stop, turn, and stay in their respective lanes. These important tools remind drivers to remain alert and obey the rules of the road, thus reducing the chances of colliding with other vehicles.

How an Investigation Proves Fault and Liability

In the event of a traffic accident with injuries or significant property damages, a thorough investigation will be conducted. Law enforcement will be present at the crash scene to determine which driver was at fault and what laws were broken. They will review the evidence and available data to assess the situation and assign blame for the crash.

The police may create a report about an accident. Still, the insurance companies and your personal injury law firm will likely go further and conduct their own investigation. This investigation will be more thorough, taking more time and resources to determine who was at fault, if any shared fault exists, and the value of any damages.

Evidence to Support an Intersection Collision Claim

When working with an attorney on a crash case, they will use their knowledge, resources, and expertise to locate and collect evidence to support their case. 

This could include the police report, testimonies from witnesses, videos or pictures of the incident, an accident scene inspection, accident reconstruction, professional opinion, medical records, and documents that show economic losses, such as receipts, invoices, and bills.

What If You Were Partially Responsible for the Collision?

In some cases, a person involved in an intersection collision may be found partially responsible for the accident. This can happen when the other driver runs a red light or acts recklessly, but the victim’s actions may have also been a contributing factor, such as speeding or being distracted. 

Although the amount of money that can be recovered in these cases decreases based on the amount of fault the victim holds, many states still allow victims to get financial compensation. A lawyer can help minimize the victim’s role in the crash and fight for a fair payout.


Determining fault in an intersection collision can be complex as it requires an analysis of the facts and circumstances of the collision. Fault must be proven through a preponderance of evidence meaning that the facts must point to one party as more likely to have been at fault than the other. 

Fault is generally based on the law of the jurisdiction, which may include such factors as a driver’s speed, failure to yield the right of way, obeying traffic signals, and driving under the influence. Ultimately, fault is determined by the court or an insurance company based on the facts of the case.

Every auto accident is different and could have many different levels of injuries, damages, and losses. That’s why the attorneys at Toriseva Law have dedicated themselves to helping individuals and their families injured by negligent drivers. We work to recover for all claims, no matter how hard the fight. If you are looking for a car accident lawyer in Wheeling, WV, let us help you! Call us now at (304) 238-0066.