In any personal injury claim—especially those involving car accidents—fault plays a pivotal role. Insurance adjusters and courts rely on evidence to determine who was responsible and to what extent. What many people don't realize is that even minor behaviors behind the wheel can significantly increase their percentage of fault. In states that follow comparative negligence rules, this can reduce or even eliminate the compensation you're entitled to recover.

Understanding how certain behaviors may affect your level of fault is not only important for legal purposes—it's essential for protecting your financial and legal rights after an accident. Here's a closer look at some common conduct that could work against you when fault is being assigned.

1. Distracted Driving

Distracted driving is one of the top contributors to car accidents nationwide. According to the National Highway Traffic Safety Administration (NHTSA), over 3,500 people were killed in distracted driving crashes in 2021 alone. And that doesn't account for the tens of thousands of non-fatal injuries.

Distractions aren't limited to texting. They include:

• Adjusting the radio or GPS
• Eating or drinking
• Talking to passengers
• Reaching for objects

Even if the other driver was primarily at fault, evidence that you were distracted can increase your share of liability. If you're found partially responsible because your attention was elsewhere, your ability to recover damages may be reduced.

2. Speeding or Driving Too Fast for Conditions

Exceeding the posted speed limit is an obvious violation, but driving too fast for road or weather conditions—even within the legal limit—can also be considered negligent. Insurance companies and courts will look at whether your speed contributed to the severity of the crash or made it harder to avoid a collision.

This is especially relevant in:

• Rain, snow, or fog
• Construction zones
• Heavily congested traffic areas

Even traveling just 5–10 mph above what's considered safe under the circumstances can increase your level of fault. In comparative fault states, this behavior can significantly reduce your compensation, particularly if the crash involved sudden braking or reduced visibility.

3. Failing to Use Turn Signals

Using a turn signal is a basic traffic law requirement, but failure to signal is more common than many drivers admit. The Society of Automotive Engineers estimated that improper or neglected use of turn signals contributes to over 2 million crashes per year.

When drivers don't communicate their intentions—whether changing lanes or turning—it creates confusion that often leads to rear-end collisions, T-bone crashes, and sideswipes. If you didn't use your signal and the other driver hit you, the insurer could argue that your failure to signal was a contributing factor, thereby increasing your percentage of fault.

4. Tailgating

Following too closely leaves little time to react, making rear-end collisions almost inevitable in heavy traffic or during sudden stops. Although the rear driver is often presumed at fault in rear-end crashes, that presumption can shift if both drivers were following too closely or engaging in aggressive driving.

Data from the NHTSA shows that tailgating is a contributing factor in nearly one-third of all rear-end accidents. Even in situations where the other driver cuts you off, tailgating makes it harder to argue that you had no control over the outcome.

5. Ignoring Traffic Signals or Signs

Running a red light or rolling through a stop sign doesn't just break the law—it dramatically increases your liability. Traffic signals are designed to manage right-of-way, and ignoring them is typically considered strong evidence of negligence.

Many intersections are equipped with traffic cameras or witnesses that can confirm these violations. If a crash occurs under these circumstances, the percentage of fault will likely lean heavily toward the driver who disobeyed the signal.

6. Aggressive or Road Rage-Related Behavior

Speeding up to block someone from merging, honking aggressively, or weaving between cars is more than just rude—it's dangerous. Road rage and aggressive driving behaviors are seen as reckless and intentional, which often leads to higher fault allocation in legal proceedings.

Insurance companies view these actions as a clear disregard for safety. If your behavior was escalated before the collision, your role in causing the crash may be viewed as more significant than that of a negligent—but calm—driver.

7. Driving Under the Influence of Alcohol or Drugs

This one is straightforward: impaired driving almost always results in a substantial share of fault, if not full liability. Even if the other driver contributed to the accident, a positive blood alcohol test or drug screening severely limits your legal standing.

In many states, being intoxicated at the time of a crash can result in reduced compensation—or in some cases, complete loss of the right to sue. Impairment not only endangers others but also gives insurance companies a powerful defense.

8. Lack of Vehicle Maintenance

Failing to maintain your brakes, tires, headlights, or turn signals can indirectly raise your level of fault. For example, if bald tires contributed to your inability to stop in time, or a broken headlight made it harder for another driver to see you, those factors may be cited in your claim.

While many drivers overlook maintenance as a liability issue, it can—and often does—become a factor in accident investigations.

Comparative Fault: How It Works

Many states follow a comparative negligence rule, which means your compensation is reduced based on your percentage of fault. For example:

• Pure Comparative Negligence: You can recover damages even if you're 99% at fault, but your award is reduced proportionally.
• Modified Comparative Negligence (50% or 51% rule): If you're found to be 50% or more at fault (depending on the state), you may be barred from recovery altogether.

Understanding the behaviors that raise your level of fault can help you take corrective action and improve your case outcomes if you're ever involved in an accident.

Conclusion

Fault in an accident isn't always clear-cut. Seemingly minor behaviors—like glancing at your phone, coasting through a stop sign, or failing to signal—can tip the scales against you. In states where compensation is tied to your share of blame, these actions can cost you thousands, if not the entire case.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

If you’re dealing with a personal injury claim, having a knowledgeable attorney on your side is important. At Brandon J. Broderick, Attorney at Law, we have experience handling personal injury cases. Our team is committed to protecting your rights and securing the best possible outcome for your case.

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