3 Methods to Help Prove Fault in an Auto Accident Case

by The Brown Firm

When you are involved in a Motor Vehicle Accident one of the first questions to come up is who was at fault for the collision.

The answer to this question will have a huge impact on the person at-fault, and the insurance provider for that driver. 

In every auto accident case it's extremely important for liability to be determined. It may be obvious to you, but your word is not going to be enough when pursuing compensation for your losses. 

You will have a much stronger argument to the insurance company when you are able to provide proof of liability against the other driver. 

Depending on the circumstances of the accident, the other driver may even be subject to criminal liability charges. 

Here are the Top 3 Methods for Proving Fault in an Auto Accident Case: 

1. Police Reports 

One of the best ways to prove fault in a car accident is to obtain a police report. 

Police reports are written documentation from an officer who responded to the 911 call and was at the accident scene shortly after the collision occurred. 

This report will often contain evidence about liability, such as the responding officer's opinion regarding how the accident took place, along with the written statements from the parties involved. The officer will also include in his report whether or not any traffic laws were broken and the citations that were given stating who was at-fault for the crash. 

Police reports can be one of the most critical pieces of evidence that you give to the insurance company when filing a claim. The insurance company will not want to take your word for how the accident occurred, so when you present them with written documentation from the authorities, there is little they can do to deny the claim. 

2. Rear-End Collisions 

Rear-end car accidents are one of the most common types of accidents that can occur. When you are hit from behind by another vehicle, it will almost always be the fault of the driver who hit you. 

One of the most basic driving rules is to leave a safe distance between you and the car in front of you. This rule is set so that rear-end collisions do not occur, however, often times that rule is not followed. 

It is not uncommon for the driver who hits another car to try and say that you stopped too suddenly, or stopped when you should not have.

It doesn't matter what reason they give, if they had been far enough behind you and paying complete attention of the road, then the accident could have been avoided. 

You always want to call the police after an accident occurs, but it is even more important when the other driver is trying to blame you for what happened. The police will almost always ticket the driver who caused the rear-end collision despite what they may say happened. 

These auto accidents are identifiable by the specific damage that occurred to both vehicles, which means you should always take pictures of the crash and preferably before the vehicles are moved. 

3. Traffic Law Violations 

If you were involved in an accident and the other driver broke a traffic law, this is another great way to support your claim that the other driver was at fault. 

If you are trying to find a law that applies to the type of accident that you were involved in, you can look at your local DMV for driving rules and regulations. 

Assigning fault in an accident is usually clear cut when someone has broken a traffic law. Some of the most common violations that cause accidents to occur include: 

  • speeding
  • failure to yield
  • running a red light
  • running a stop sign

If you believe the accident you were involved in occurred because the other driver committed a traffic violation, it's important to include which law you believe was broken when you are writing your police report.

Also, be sure to describe in as much truthful detail as possible when speaking with a police offer how you believe the accident occurred. 

It's important not to exaggerate or elaborate on what happened and just stick with the facts as best you can.

If the office thinks you're exaggerating just to prove a point, they make take your account less seriously than if you only present the facts. 

What to do if You are Hit by Another Vehicle 

If you are involved in a car accident and believe it was caused by the other driver, you will want to hire a personal injury attorney to help file your accident claim. 

Having an attorney on your side will make the whole claims process that much easier. Your attorney will obtain the police report to present to the other driver's insurance company and handle the entire negotiation process. 

They will make sure you do not get taken advantage of by the insurance company, and will obtain all the needed evidence to prove liability after an auto accident.

Proving liability can be difficult to do alone. Even with all of the evidence, the insurance company will try to offer you the lowest settlement amount possible hoping that you accept their first offer just to be finished with the whole stressful process. 

With the help of an attorney, you can rest assured that they will handle all of the paperwork and negotiations. It's their job to help you receive the highest amount of compensation possible for any injuries and damages that you may have suffered. 

You only have one chance at receiving compensation after being involved in an auto accident. It's important to make sure you do not miss your opportunity for a fair a just settlement.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© The Brown Firm | Attorney Advertising

Written by:

The Brown Firm

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