With over 143 million Americans commuting daily, car accidents are more or less an inevitability.
Rarely is an auto accident the fault of either drivers or parties involved; it is usually the mistake of a particular individual. And for most cases, it clear who the at-fault party is.
While common sense should tell who is at fault, some drivers do not want to accept responsibility for their actions. This makes justifying your personal injury case a lot harder.
Proving who's at fault in a car accident can be difficult. Keep reading to see how to prove it was the other driver’s fault.
How to Prove It Was the Other Driver’s Fault
When the other driver refuses to admit responsibility, there are a few things that will help your case when dealing with the insurance company. The following are some of them.
1. Gathering Physical Evidence
For the majority of accidents, it only takes a couple of hours for the scene to be cleaned up. After that happens, any evidence that would have helped prove that you were in a not my fault accident will be lost.
Therefore, as soon as the crash happens, get out of the vehicle, and start taking pictures.
Understandably, it’s a lot to ask under in such a stressful situation. This is why it is important to learn how to manage stress so you can take care of priorities in such scenarios.
Make sure to take them at different angles so you do not miss any details. If there are road signs near the scene, take photos of them as well.
Also, observe the other driver to see if they have a cell phone on them. Your lawyer might use cell phone records to show that that other driver was using their phone before the crash.
2. Police Reports
Police officers will not be there for every single accident that happens. Therefore, it is important to call them when you get into one so that you can get a police report.
A police report is one of the most vital records towards helping prove a case. Therefore, ask the traffic division of your local law enforcement about how to get a copy of the report.
At times, the report might just be an officer’s statement saying that someone violated a certain law and that the violation led to the accident. It might also state that the officer issued a citation.
Other times, the police report will just say it was negligent behavior, without clearly stating that the violation resulted in the crash.
Nonetheless, in spite of how unspecific a police report might be, the mere mention of a traffic law violation in a police report is usually more than enough to prove that the other party was responsible for the accident.
3. State Traffic Laws
When looking to support your argument that the other party is at fault for the accident, another place to look is the traffic laws governing driving in your state.
These driving rules can be found in your state’s statutes and are usually referred to as the ‘Vehicle Code.’
You can find a simplified version of these rules in your local department of motor vehicles office. They are often referred to as “The Rules of the Road.” A complete version of the vehicle code can be found in both law and public libraries.
In the vehicle code’s index, search for listings that are applicable to your accident. The listings that you are probably going to be looking for include ‘right of way,’ ‘speed limits,’ or ‘roadway markings.’
If you have never done such a search before, consider asking the librarian for help you so you can save time.
If you happen to find a rule that could apply to your accident, ensure that you not only copy it word-for-word but also its statute number. This allows for accurate referencing when arguing out your claim with your insurer.
4. No-Doubt Liability
For some accidents, it is as plain as day which party is at fault. In such instances, the insurer doesn’t require you to justify your case. These accidents include:
• Rear-End Collisions
If your vehicle gets hit from behind, you cannot be held at-fault, regardless of your reason for stopping. This is because basic driving rules state that a vehicle should be able to safely stop or maneuver if the car in front of it stops.
If the vehicle behind cannot do that, it means that the driver is not driving safely.
Another thing that makes a rear-end crash to be a lot more justifiable is the damage resulting from the collision. If one vehicle’s rear is damaged and the other’s front end is as well, it is quite clear who struck whom.
The driver who hit you from behind, however, can claim against the party that caused you to stop suddenly, or against a driver that pushed his vehicle into yours.
Nonetheless, this does not change the fact that they are still responsible for any damages to your car or injuries you might sustain. However, there are many factors that determine your personal injury claim. Read more here.
It is important to note that if investigators are able to prove negligence on your part, your compensation can be affected.
For example, if your tail lights were out when the accident happened and it was at night, you stand to get your claim challenged.
• Left-Turn Accidents
Any vehicle making a left turn is almost guaranteed of colliding with a vehicle coming straight from the other direction. As such, if this happens, the car making the turn is almost always responsible for the crash.
The only times there can be an exception to such a scenario is if the oncoming car was going well over the speed limit or had run through a red light.
Just as with the rear collision, the location of the damage resulting from the crash makes it hard for the driver to deny that they were not making a left turn.
As such, the victim is almost always assured of compensation without a lot of hassle.
What to Do After Being Hit by another Car
While the above tips on how to prove it was the other driver's fault can help your case, the claim process is not always straightforward.
This is why you should contact a personal injury lawyer immediately. Having an attorney with you will help you justify your case effectively so you can get your compensation sooner.
Car accidents aside, traveling can come with a lot of hassle. Check out this article for five tips that will make your travel stress-free.