Motor Vehicle Accidents Law
How Do You Prove Fault in a Car Accident?
After a car accident, insurance claims may depend on who was at fault for the accident. Determining who is responsible for the collision can affect how much money either party will pay or receive.
How you deal with the insurance company going forward can affect the result, and you don’t want to say anything that could harm your case. Don’t rely on the insurance company to represent your best interests after an accident. A car accident lawyer can represent you in a car accident claim to make sure you are treated fairly and have the best chance to get the financial compensation you deserve.
Evidence in a car accident lawsuit is any information that can help prove your case. There are different types of evidence. Common types of evidence for auto accident cases include:
- Photographs of the damage
- Driver testimony and eyewitness testimony
- Video footage of the accident
- Medical records
- Car repair records
- Police reports
Evidence of fault in a car accident can be helpful for your auto insurance claim and any other legal claims. If the other driver claims they suffered an injury or property damage, it’s important to gather evidence that can protect your case.
One of the first things the driver’s insurance companies will want to do is talk to the drivers and any witnesses to get each party’s side of the story. This will form the initial basis of their investigations.
Insurance companies will have a set list of questions they need to ask when they look into an accident. It’s important not to guess, make things up, or lie about details. Doing so could hurt you later on in the process. You can get the advice of your personal injury attorney for dealing with the adjuster for your own insurance policy if you wish.
Soon after the accident, take as many pictures as you can, and write down everything you can remember about the collision. The more details you can remember and write down while the event is fresh in your mind, the better your attorney can answer the insurance representative’s questions.
You may also want to get phone numbers or contact information for any witnesses to the accident. In some cases, you may also be able to get video footage of the accident from businesses or homes with security cameras.
If a police officer shows up to investigate a rear-end collision or other car accident, they will generally prepare an accident report. You can get a copy of the police report and provide it to your car accident attorney or the car insurance companies. The police report may have helpful information about traffic violations and which motorist was responsible for the accident.
If an officer didn’t come to the scene of the accident, you can go to your local police station to report a traffic accident. Include as much information as you can about the accident, including contact information for the other driver and yourself.
The damage to the vehicles can tell part of the story of the accident. The location and depth of dents can determine the speed of the vehicles when they collided. Examining physical evidence will also include details about the location where the accident took place. This may include the weather, visibility, location, obstructions, stop signs, and speed limits.
Every state has different laws for car accidents and personal injury claims. Some states don’t allow you to recover any damages for medical bills if you were at all at fault for the accident. Other states have personal injury protection (PIP), contributory negligence, or comparative negligence laws that cover drivers and passengers, no matter who was the at-fault driver.
It is important to talk to a personal injury lawyer in your state for legal advice about your case. Your lawyer can do their own investigation of the accident to make sure the insurance companies treat you fairly.