Who hit who in a car accident is one of the most crucial first questions that must be answered in a car accident case. Sometimes, it can be extremely difficult to tell who is at fault — especially in complicated accidents like multi-car accidents.
So, what methods can you use to determine who is at fault in a car accident? Here are 9 ways to investigate who is at fault in an accident.
1. The Police Report / Crash Report
When a car accident occurs, at least one party involved should call 911 to report it. This brings police and medical first responders to the scene of the crash. Police officers will investigate what happened and speak with anyone involved, and they may prepare a written accident report.
This report will include vital details such as names and insurance details for all drivers in the crash, weather and road conditions, and which party the officer believes to be at fault for the collision. The report will also include details about whether or not the officer issued a citation or placed anyone under arrest.
Whether the other driver faces criminal or traffic charges, you can use these details from the police report to strengthen your claim that they were at fault. The most critical factor in securing compensation from an insurance claim or personal injury lawsuit is establishing that the other person owed you a duty of care and was negligent.
The police report can become a strong foundation for your case.
2. Witness Statements
Eyewitnesses are individuals present at the scene of an auto accident who saw what occurred. Other potential witnesses include passengers, pedestrians, bystanders, and other drivers not involved in the collision.
Eyewitness testimony can be helpful when determining who caused the car accident. Witnesses can also include details such as:
- If one or more vehicles were speeding
- What the weather conditions were at the time of the crash
- Whether anyone involved appeared to be intoxicated
- If anyone ran a stop sign or disobeyed another traffic law
- If the other driver admitted fault or asked you not to call the police
3. Accident Scene Photos or Videos
Try to capture close-ups of the accident scene before anyone moves their vehicle. Take pictures of anything that might show what happened including:
- Points of impact and areas of damage to your vehicle
- Damage to any other property, such as clothing, computers, luggage, or cell phones
- Your injuries
- Road conditions
- Skid marks
- Traffic signals
- Debris
- The other driver’s insurance card, driver’s license, and license plate
You can also ask witnesses if they took photos and will share those with you.
4. Vehicle Damage
The location, severity, and type of damage to each vehicle can tell a story about how a crash unfolded. Damage patterns reveal critical details such as the angle of impact, the speed of each vehicle, and which driver likely violated the other’s right of way.
For example, rear-end damage to one vehicle and front-end damage to the other typically indicates the trailing driver failed to stop in time.
Side-impact damage can show who ran a red light or failed to yield at an intersection. When the front of one car strikes the side of another, it establishes that the vehicles were traveling perpendicular to one another. By looking at who had the right-of-way at that specific intersection, investigators can pinpoint who ran the light or failed to yield.
In lane-change collisions, the position of damage on each vehicle’s sides can help determine whether one driver merged unsafely or the other drifted out of their lane. Determining who is at fault in a blind spot accident often hinges on these damage patterns, as the point of impact and scrape marks reveal which driver caused the accident.
However, while these damage patterns create strong initial presumptions of fault, they are rarely treated as absolute proof on their own.
To preserve this evidence, take photos of all vehicle damage before any repairs are made.
Capture multiple angles, close-ups of impact points, and the overall position of each vehicle at the scene. If possible, photograph the other vehicle’s damage as well, as the full picture is necessary to reconstruct the crash. Beyond determining fault, documenting damage is also essential for calculating the full extent of your car accident compensation in Texas. Repair estimates, replacement costs, and diminished value claims all rely on thorough documentation of your vehicle’s condition after the crash.
5. Victim Injuries
Getting medical attention can protect your health, and it also provides powerful evidence for your claim. If there’s any dispute over who hit who, your medical records and your doctor’s testimony about how your injuries were likely caused can help prove the truth. Additionally, their statements about your expected prognosis can also support your claim for future medical costs in your damage demands.
6. Surveillance Footage
Some traffic intersections have video cameras recording what happens there. In addition, some businesses have outward-facing security cameras that record footage on an ongoing loop to both deter and track vandalism to their property. Video footage like this can serve as evidence of who hit who in a car accident.
Another powerful form of evidence is dashcam footage from other drivers, who may stop at the scene to offer their videos or contact details.
One concern about requesting this footage is that it must be done quickly. Many businesses only keep the last 24 hours or a few days of video to save space.
7. Expert Analysis
Accident re-constructionists or forensic engineers specialize in fields such as mechanical or biomechanical engineering. This allows them to reconstruct how a car accident occurred.
Using video and other visual demonstrations, these experts can describe how each car reacted in the crash, who is likely at fault, and how you suffered your injuries.
8. “Black Box Data”
Vehicle Event Data Recorders (EDRs)
Not unlike an airplane’s “black box,” a motor vehicle can contain an event data recorder or EDR.
Federally mandated in all passenger vehicles since 2012, EDRs record a car’s activity in the moments before and during a vehicle accident.
Recorded data includes steering wheel angle, restraint use, acceleration, dashboard warning lights, and more. This data can help resolve liability disputes, especially if you request the data and work with professionals to analyze it. The at-fault driver may claim they braked to avoid a crash, but if the EDR data doesn’t verify that, you can push back during settlement negotiations with the insurance company or during a personal injury trial.
In addition, many drivers use tracking apps through their insurance providers to obtain discounts for driving safely. These apps use GPS data to show whether a driver brakes suddenly, drives over the speed limit, or uses their cell phone while driving. By requesting this data, you can use it further to support your claim of negligence by that driver.
9. Cell Phone Records and Social Media
Under a Texas law passed in 2024, texting while driving is illegal and subject to fines of up to $200. You can subpoena the other driver’s cell phone records to show if they were using their phone to text or call, although the report can’t show if the person was using a hands-free device to make a call.
A more recent method of uncovering fault includes scouring the person’s social media accounts to find out if they were posting while driving or made posts about the crash afterward.
This might include any statements saying you were at fault or admitting they made a mistake that led to the accident. Examine these accounts for anything that could support your case.
However, it’s important to remember that insurance companies could use this same technique against you. For that reason, it’s smart to stay off social media after an accident. Follow your doctor’s orders and don’t do any activities they advise you to avoid.
