Even in the absence of serious injuries, car accidents can be frightening and overwhelming. On top of that, if you wish to pursue financial compensation for your damages, the burden of proof for establishing fault for the crash falls to you.
Determining which driver is at fault for a car accident is not always a straightforward process. While it is possible for the negligence of both parties to have led to an accident, it is also possible that the negligence of a single driver is to blame.
For instance, in a rear-end accident, the driver of the striking vehicle is almost always to blame. However, in other types of collisions, the relationship between cause and effect is less obvious. In order to protect your right to compensation, it is always in your best interest to take certain precautionary measures in case you need to prove you were not at fault for an accident.
If you’ve been in an accident and need legal advice on how to prove your innocence, contact a car accident attorney today. Local Accident Reports works with affiliate personal injury law firms across the country that share our dedication and client-focused approach to personal injury cases. No matter where your accident took place, we can help. Call us today to schedule your free consultation with one of our nationwide car accident lawyers.
How is Fault Determined in a Car Accident?
Every state has its own laws regarding fault and financial liability in car accidents. Each state falls under one of two categories: no-fault states and at-fault states.
At-Fault States
If you are involved in a car accident in a fault-based state, then it is your responsibility to file a claim with the at-fault driver’s insurance company. Your claim should cover losses, including vehicle and other property damage, medical expenses, lost wages, pain and suffering, and other damages.
If the insurance carrier denies your claim because they believe you are at fault for the crash, you have the right to dispute their decision by presenting supporting evidence, such as the location of the damage on your vehicle. For example, let’s say you were making a lefthand turn when you were struck by a driver running a red light. Although proving that the striking driver ran a red light should be enough to establish fault, should there be any doubt, the exact location of the damage to your vehicle will support your version of events and help prove the other driver’s fault.
No-Fault States
In no-fault states, determining which driver caused the accident is significantly less important. In these states, all drivers are required to purchase Personal Injury Protection insurance coverage. This form of coverage goes into effect after a car accident occurs. It covers the economic damages incurred by the policyholder, regardless of who was at fault for the collision.
How Do I Prove the Other Driver Was At Fault?
Insurance adjusters will use any ambiguity to their benefit. So, to receive full and fair financial compensation for your damages, you need to prove that the other driver caused the accident. In other words, you need to show that they were negligent. To do so, you will have to demonstrate that the four elements of negligence were present during your accident. They are:
- Duty: The other driver owed you a duty of care to act with your safety in mind
- Breach: The other driver breached this duty by failing to act in a reasonable manner
- Causation: The other driver’s breach of duty was the direct cause of your accident
- Damages: As a result of the accident, you incurred monetary damages.
Successfully proving that you are entitled to compensation is a challenging and time-consuming endeavor, particularly if you are trying to recover from a serious injury. An experienced car accident lawyer from Local Accident Reports can help.
What Types of Evidence Can Help Me Prove Negligence?
Numerous factors can obfuscate the actual cause of a car accident. Did the crash involve multiple vehicles? Was it raining or snowing? Was there a malfunctioning traffic light? Based on the fault doctrine followed by the state in which your accident occurred, the more at fault you are, the less compensation you are entitled to recover.
Some of the best ways to establish negligence and prove that you were not at fault for a car accident are:
Gather Evidence at the Scene
It is important to gather as much evidence as possible after a car accident. In case negligence and fault are called into question.
If you can safely do so, take videos or pictures of the scene. This includes any damage to the vehicles, visible injuries, and the area in general. These pictures could be important evidence during the ensuing investigation.
Exchange Contact Details
You also need to exchange contact details with the other drivers involved in the crash. Make sure this information includes the name of their insurance company. If your accident took place in one of the 39 at-fault states, you need this information in order to file your claim, and you don’t want to have to track it down after the fact.
Get the Contact Details of Any Bystanders
If anyone witnessed the accident, it is vital that you talk to them and get their contact details. Unbiased third-party testimony can be invaluable in terms of proving negligence and the other driver’s fault.
Understand Local Traffic Laws
Traffic laws governing things such as right-of-way, speed limits, and other driving behaviors vary from state to state. By making sure you understand the laws that apply to your specific case, you may be able to strengthen your assertion that you were not at fault for the accident.
Whether the other driver made an unlawful lefthand turn or jumped the stop sign at a four-way intersection, a skilled car accident lawyer can save you a lot of time by giving you the professional advice you need to prove fault and obtain compensation.
Obtain a Copy of Your Police Report
After being involved in a serious car accident, you need to notify local law enforcement. The responding officer will interview everyone involved and compile a report documenting the event. This official report will include details of the crash, who was involved, a sketch of the accident scene, and the officer’s conclusions about what happened and who was at fault. Obtaining a copy of this report is essential because it is often an important bit of evidence used by the insurance carrier and in legal proceedings.
No-Doubt Liability
A no-doubt liability accident is one that involves a blatant traffic violation, making it much easier to prove which driver was at fault. Infractions such as running a stop sign or red light, rear-ending someone, driving while intoxicated, speeding, and other unmistakable, unambiguous traffic violations greatly streamline the process of proving negligence and assigning liability.
Ultimately, liability comes down to the specific facts of your accident. If you can rule out the possibility of being blamed for an accident by proving no doubt liability, then your claim has a much greater chance of success.
Never Admit Fault
Many car accidents quickly escalate into serious legal matters. What you say and to whom you say it is of the utmost importance. Generally speaking, the best advice is to keep the details of your car crash to yourself and not divulge them to anyone except your lawyer. Once they have all the facts, they can decide what to do with them, or what not to do, as the case may be. If you give even the tiniest indication to the other driver, responding officer, or insurance adjuster that you might be at fault, you will be giving them an opening to attack your credibility and make it easier for them to claim that you were the negligent party.
A Nationwide Car Accident Attorney Can Help Prove Fault
Any car accident can leave you anxious and uncertain of what to do next. This situation becomes even more dire if you do not know how to prove that you were not at fault. In order to make sure you know your rights and the best way to seek maximum compensation, speak with an experienced car accident attorney as soon as possible after an accident.
At Local Accident Reports, we understand where our clients are coming from and what they have been through. That is why we offer a free, no-obligation consultation to review your case and discuss your legal options. Call us to schedule your free consultation with one of our experienced nationwide car accident lawyers today.
