Who determines how the accident happened?
Usually this is accomplished through witnesses (including the parties to the accident) and an analysis of the physical evidence. In motor vehicle cases, there are usually police reports. Other situations are sometimes videotaped from surveillance cameras. Each case will present a different set of circumstances. As a general rule, collect as much information at the scene of the accident as you possibly can. Get names and other information from witnesses. If you have a camera take pictures if you think they will help you.