Car accidents are upsetting enough, let alone potentially dangerous. And determining who was at fault in an accident can exacerbate an already stressful situation. It is not always easy to determine who is at fault in a car accident. While two parties can share blame for an accident (both are at fault), it is much more likely that one individual driver’s negligence caused the crash. In a rear-end collision, for example, the rear driver is almost always at fault (this is known as ‘no-doubt’ liability). However, in other types of accidents where the cause and effect relationship is unclear, it is in your best interest to take the necessary steps to demonstrate that you were not at fault for the car accident.
Table of Contents
How to Protect your Right If you are Innocent
Notify a car accident attorney today if you’ve been in an accident and need legal advice on how to prove your innocence. Bruscato is a top car accident lawyer in Monroe, Louisiana, specialising in personal injury, car accidents, and workers’ compensation.
Continue reading to find out what you can do to prove you weren’t at fault in a car accident. You can also hire a Wichita Car Accident Lawyer.
Gather all Crash-Related Evidence
It is critical to gather as much evidence as possible from the accident scene. This is because you will need to prove no-fault later on in your case. Take photos of the vehicle damage and the crash site if possible. If you are injured and unable to take photos of the accident, ask a bystander to take as many photos as possible for you. These photos could be crucial evidence later in the investigation.
Contact Information should be Exchanged
Following that, you should transfer contact information with the other driver. It is best if you do this not so much to prove your own innocence as it is to collect the driver’s insurance company information, which you will need when filing your car accident claim.
Obtain Witness Testimony
Was anyone present at the scene of the accident? Was anyone present when the crash occurred? If this is the case, you must speak with them, exchange contact information, and obtain their eyewitness statement. Third parties can provide valuable non biased evidence that can be very powerful when it comes time to prove the other driver’s fault and negligence.
Check Your Local Traffic Regulations
Traffic laws differ from one state to the next. Speed limits, right of way, and traffic violations can all vary by state, and investigating your local traffic laws can help you determine who was at fault. A personal injury attorney can help you skip the study process by giving you the expert advice you need to prove your case and actively sought fair compensation, whether it was running a red light, making an illegal left turn, or failing to yield the right of way.
Obtain a Copy of the Police Report
If you were in an accident, you must call the police. The responding officer will speak with all parties involved and compile a report detailing what occurred. They will have a formal accident report at the end of this process. This police report will outline the details of the accident as well as any conclusions reached regarding who was at fault.
Obtaining your hands on a copy of the police report is critical since it can be used as evidence for any health coverage or legal proceedings.
Without a Doubt, Liabilities
Accidents with no doubt liability are defined as blatant traffic violations that are easy to prove who was at fault. Running a red light, stopping at a stop sign, rear-end collisions, speeding, driving under the influence, or other obvious traffic violations make it very easy to determine who was at fault.
In the end, liability will be determined by the facts and specifics of the accident. You will be in a better position to defend your case if you can prove and rule out the possibility of a no-doubt liability accident in which you are at fault.
Keep your Faults to Yourself and Refuse to Admit them
If you’ve been in a car accident, it can quickly escalate into a serious legal matter. What you say and who you say it to matter a lot right away. As a general rule, keep the details of the event to yourself and only share them with an attorney. If you make a comment to the police officer, the other driver, or even the insurance company implying that you were at fault, your credibility will suffer, and you risk implying your negligence in the accident.
To receive fair compensation, you must establish that the other driver was at fault.
As previously stated, determining fault is often as simple as day. However, this is not always the case. Insurance companies will exploit any ambiguity to limit your insurance payout. If they have any doubt that you were at fault, they will do everything they can to limit your compensation. Insurance companies require evidence of negligence. It is your responsibility to demonstrate your right to just compensation.