尚需证明他们是有过错的一方。

It has to be proved that they are the guilty party.

《柯林斯英汉双解大词典》

有过错的一方应当承担赔偿责任，双方都有过错的，各自承担相应的责任。

The party at fault shall bear the liability to pay compensation; where both parties to the contract are at fault, each shall honor its own liability.

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大体上来讲，法院不能够主动提起追究违法者责任的诉讼，只能判有过错的一方就其损害给付损害赔偿金。

Generally, the court does not seek to punish the wrongdoer but rather to make the wronged party whole through a money award called damages.

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