Fault is determined by which of the parties was negligent. Negligence can be as simple as rear-ending, running a red light, crossing over to another lane. That is what we call fault. It’s negligence, fairly, to act reasonably under the circumstances. Negligence is determined by ordinary care, and it’s also determined by failing to comply with the rules of the road. If one party, sometimes two parties can be at fault; our client and the other driver and a comparison is made between which party is more at-fault. Sometimes parties are equally at-fault, but only an experienced lawyer can determine that after all the evidence is gathered.