Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.
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