If you have been involved in a car accident and need to file a claim against the at-fault party, part of the challenge will be proving that they were at fault. You can contact a personal injury attorney by calling The Law Offices of Larry H. Parker at 800-333-0000 and we can offer advice on how to prove your specific case. In the meantime, read on to learn about four potential ways you could prove fault.
- Through a Police Report
- Via Witness Statements and Photos of the Scene
- By Analyzing the Damage to the Vehicles
- Through Accident Reconstruction Experts
If there is damage of at least $950 and / or there are any injuries, it is a requirement that you contact the police. When they arrive at the scene, they should create a report, which will include information on when, where, and how the accident happened. It is an unbiased account of the accident that can hold a lot of weight if you must file a claim or take your case to court. If you call to report the accident and the police do not come to the scene, then you can go to the station within 24 hours to file the report yourself.
If there were uninvolved witnesses to the accident, their recollections can be essential to proving fault. If you and / or the other drivers involved had passengers who saw the accident, their statements can be important as well but they may not be weighed as heavily because they may be seen as biased.
You should also take photos of the scene and the damage. You can then use these photos to prove what happened in some instances. For example, skid marks may show when and where each car attempted to stop.
If there were no witnesses and the pictures are not conclusive, then experts may be required to show how the accident happened by analyzing the damage to the vehicles. For example, if a car was hit from behind, then they were almost certainly not at fault. If a car was t-boned in an intersection, the location of the damage would determine which car hit which.
In some cases, it may be necessary for us to hire experts who can recreate the accident via damage, pictures of the scene, and other information. They can analyze all the details to determine where each car was located at the time of impact, how fast they were traveling, and other essential details. These experts can be expensive and are not always an option but in cases of catastrophic injury, they may be necessary.
If you are not sure how to prove fault in an accident in which you were involved, we recommend you contact The Law Offices of Larry H. Parker at 800-333-0000 as soon as possible. We will get you started with a free legal consultation.