Fault is determined in an auto accident case if the case goes to trial ultimately by a jury, although in certain situations when both parties agree, they could allow a judge to determine it. However, in about 90% of the cases, a jury are the ultimate people who determine the facts of a case, juries made up of six individuals chosen in your local community to act as jurors. Both the plaintiff’s side and the defendant’s side get a chance to ask the jurors questions and ultimately decide who the last group of six will be to determine the facts of the case.