
Whether you are filing an insurance claim or lawsuit against an individual after a car accident, understanding how you can prove fault is crucial. If you were injured in a car crash and have questions regarding your legal rights and options, reach out to a Middlesex County auto accident attorney for skilled representation and advice.
What is Fault in a Car Accident?
The person who is at fault in a car accident is the individual who is responsible for causing the collision. It is important to be able to prove fault to ensure that justice is served and the liable party is held accountable for their actions. Establishing liability ensures that the victim in an accident is fairly compensated for their resulting injuries and damage.
How Can I Prove Fault in a Car Accident Case?
There are many ways to prove fault in a car accident. It will generally take multiple or all of the following pieces of evidence to establish liability with certainty.
- Photographs: Photos and videos from the scene of the accident can go a long way in proving fault. Try to snap pictures of the vehicles involved, point of impact, damage, weather and road conditions, traffic signals and signs, etc. This can help reconstruct the accident and determine who was at fault.
- Police report: The police report can act as a crucial piece of evidence. It will detail objective facts from the scene, each individual’s statement, the officer’s observations, and more. During the aftermath of a car accident when giving their statement, people tend to tell the truth perhaps because they are overwhelmed and in shock. There is a chance that the other driver admitted their fault when speaking with the officer at the scene.
- Witness statements: Anyone who witnessed the accident take place can offer invaluable information. They can explain what they saw before and after the accident.
- Expert testimony: Testimony from experts can be compelling in a car accident case as well. Accident reconstruction specialists and other professionals can analyze the relevant evidence and determine which vehicle caused the accident.
- Traffic laws: A good way to determine who was at fault is by reviewing your state and local traffic laws. Anytime a rule is violated it is evidence of negligence and fault. The liable driver may have made a right turn on red when they were not allowed to, been speeding, did not yield properly, etc.
Fault can be proven in a number of ways. If you were injured in an accident caused by another driver’s negligence or reckless behavior, establishing liability is essential to ensure you are fairly compensated. Work with an experienced attorney for legal representation during your case.