How To Prove Fault After You’re Hurt In A Car Accident
A car accident can have devastating consequences. If you are seriously injured, you could face significant medical expenses, lost wages from missed time at work, emotional trauma, and a completely altered lifestyle. If that car accident was someone else’s fault, the only way to recover compensation for damages is to file a personal injury claim.
To be successful with a car accident claim, you must be able to prove fault. Often, this obstacle prevents car accident victims from recovering maximum compensation. As you consider this legal process, let’s discuss what it takes to establish fault for the accident.
Immediate Steps at the Accident Scene
Proving fault in a car accident starts the moment the collision happens. From that moment, your decisions will impact your claim’s outcome. No matter how the accident occurred or its severity, these steps must be followed to build the foundation for a successful claim.
Prioritize Safety
Safety is your top priority after auto accidents. You should immediately check to see if you are seriously injured or anyone else in your vehicle is hurt. A quick self-examination can reveal if there are any urgent concerns with life-threatening injuries.
If possible, and the damage to the car allows it, you should move off the road to avoid rear-end collisions with other vehicles. However, if you are seriously hurt or traffic is dangerous, you will be safer inside the car.
Call The Police
The next step is to call 911 and get the police on the scene as soon as possible. Car accidents must be reported, especially if property damage or injuries are involved. The police will come to the scene and cordon off the area to protect everyone.
Additionally, a police officer will investigate the car accident to create an official report, which you should request for your claim. Finally, calling the police will also alert medical services in case the injuries are severe enough to require immediate treatment.
Exchange Information
Exchanging information with the other drivers involved is critical in the aftermath. Start by exchanging insurance information with the other drivers. You can also share driver’s license information as well. If possible, you should also speak to witnesses of the accident and record their statements, as this can support your future claim. Remember never to admit fault yourself to anyone after you have been in a collision.
Document The Scene
You will need evidence to prove someone is at fault in a car accident. Images or footage of the accident scene will be incredibly useful for an insurance claim or a personal injury case. Take pictures and videos of the crash and its surroundings with your phone.
If you see skid marks before the spot where the cars collided, be sure to capture them, as they could prove that you attempted to stop suddenly. Does the intersection have a stop sign that the at-fault driver may have ignored? This data should be documented with photos to support the police reports.
Gathering Evidence to Support Your Claim
As the injured party, you must be able to prove that it is more likely than not that the at-fault party caused your accident. To this end, you will need empirical and physical evidence that supports your assertions. If you need help procuring this evidence for your case, a car accident lawyer can guide you through the claims process.
Police Report
One of the most vital types of evidence in auto accidents is the official police report. The police report will contain plenty of helpful information, such as the vehicles involved, the drivers’ names, the location of the collision, a narrative description of the accident, and even an accident diagram. The information in this accident report will be vital in determining the at-fault party in the accident.
Depending on where you live and where the crash occurred, you can usually request a copy of the police report from the closest police station. Acquiring police reports is typically either free or very cheap, but it makes a significant difference in determining fault.
Witness Statements
Witnesses are third parties who observed the events of the crash without being involved in it. You should identify and contact all the collision witnesses to record their statements. Their testimonies can prove fault since they are likely unbiased about what happened.
Speaking to witnesses and taking down their information before leaving the scene is essential. For example, a witness might have seen the other car making an illegal turn or running a red light. These written or recorded statements are necessary to use as evidence in your injury or insurance claim.
Medical Records and Bills
Medical care is one of the primary factors that will determine how much compensation you receive. The injuries you suffer in a car accident may cost you a lot of money in treatment and ongoing care. To recover damages for your injuries, you must be able to prove that they were caused by the accident.
Seek prompt medical treatment as soon as you can to establish that you were indeed injured in the wreck. Hold onto all medical records for treatment and expenses to show that you received care and had to pay for it. If you have medical bills, these documents will be essential for calculating damages.
Vehicle Damage Reports
Property damage is another factor that determines compensation in your claims. No matter who is at fault for the accident, you need to get an estimate of how much money it will cost to either repair or replace the vehicle.
Get in touch with an auto mechanic to get repair estimates or statements of total loss. Take pictures and videos of the physical damage to your vehicle while you are still at the scene. Although money for property damage may depend on the at-fault driver’s insurance policy, you will still need vehicle damage reports to support your calculated damages.
Additional Evidence to Strengthen Your Case
Many car accident cases can be resolved with the evidence mentioned previously. However, additional evidence will be required if your accident is particularly complex or the defendant is decidedly stubborn. Here are some other types of evidence that can strengthen your claim after a car accident.
Traffic Camera Footage
Depending on where the car accident happened, nearby surveillance cameras may have picked it up. These cameras could be traffic or security cameras on commercial or residential properties. Obtaining this footage could be the difference between earning maximum compensation from the insurance company and walking away with very little.
You must follow a legal process to obtain camera footage of your accident. The process will look different depending on whether the cameras are for traffic purposes or privately owned.
Data from Vehicle’s Event Data Recorder
Most vehicles on the road today have an event data recorder (EDR) installed. Another term for this piece of equipment is a black box. They are designed to record data in the event of a car accident to help determine fault or cause for the collision.
Black box data can include the speed at the time of the incident, whether braking occurred, and details about the impact. This data will prove that you were driving under the speed limit and demonstrating reasonable caution. To collect this vital data, which can go a long way in determining fault, you need to find out what type of EDR your vehicle has, connect to it with a scanning tool, and then download the data using the appropriate software.
Specific programs can translate the data into a readable format. If the damage to your car is significant, the black box may need to be removed to access the information.
Expert Witness Testimony
People who observe the accident in person are just some of the witnesses who can help determine fault in a car accident. The testimony of expert witnesses, such as accident reconstruction specialists and medical professionals, can also impact the outcome of your case.
Accident reconstruction specialists analyze crash details to explain how the incident occurred, while medical professionals can attest to the extent and impact of injuries. These experts have a lot of background knowledge that makes them credible witnesses, so having them support your version of events with their testimonies can add a lot of weight to your side.
Dealing with an Insurance Company
Insurance companies determine how much money will be paid out after an accident. A claims adjuster investigates the car accident to determine who is at fault and how extensive the damages are.
When speaking to an insurance adjuster connected to the defendant, you must be careful what you say and how you answer their questions. Avoid common mistakes that can harm your claim, such as providing too much information, accepting initial settlement offers, or not consulting a legal professional. They will do whatever is necessary to undermine your case, including minimizing your injuries or trying to get you to admit fault.
Additionally, you should never apologize, as this will imply that you are at least partially responsible for the collision. To protect your rights when communicating with an insurance company, you should first speak to a lawyer who understands traffic laws and traffic citations.
When to Seek Legal Representation for Your Car Accident Case
At some point in the claims process, you might wonder if hiring a car accident attorney is the right move to prove car accident fault. There are several reasons to work with legal representatives to protect your rights throughout the process.
First, a lawyer can help you build a strong case and collect evidence if there is a dispute over who is at fault. If you have suffered significant injuries and legal damages because of the actions of the other driver, this is also an excellent reason to hire an attorney.
Experienced lawyers can level the playing field and help you negotiate for fair compensation when dealing with an uncooperative or coercive insurance company. If the actions of a reasonable person could have prevented the accident, and the other driver did not behave this way, they are probably at fault for the collision, and a lawyer can help you prove that.
There are many benefits to hiring a personal injury attorney who can help in proving fault in a car accident. A lawyer understands traffic law and how a traffic violation by the other driver may have played a role in causing the accident. This legal professional will also thoroughly investigate the collision to determine if you have a viable claim.
You may be struggling to find enough evidence to support your lawsuit. In that case, the right lawyer will pursue different avenues to acquire better data, such as contacting the local DMV, reaching out to expert witnesses, or requesting police reports. Auto accident attorneys can play a crucial role in proving fault to help you claim compensation.
The Bottom Line
Determining fault when a car accident occurs is complex. Even if you know that a negligent driver caused your serious injuries, proving that is another matter entirely. Whether you need support collecting evidence like the police report or are dealing with a stubborn insurance company, a lawyer from a top personal injury firm can ensure the other driver is held legally responsible for your damages.
Mitch Grissim & Associates has experience in all kinds of car accidents. Whether you are involved in a rear-end collision, a fender bender, or a hit-and-run, our team can help you navigate the aftermath of a car wreck. You can ask any questions during a free consultation by calling 615-255-9999 or filling out our contact form.
