A car accident is a devastating event, emotionally, physically and financially. You may have suffered injuries- either serious or minor. You may be suffering from post traumatic shock, afraid to get into a car or go to work or otherwise proceed with your normal life as a result of the car accident. You may be faced with a stack of mounting medical bills that you just can't pay, especially if you also aren't able to go to work and collect your paycheck because of your injuries. Fortunately, the law does try to help you out in this difficult time. In most states, if the other driver is at fault for the accident, you can file a lawsuit against him to recover your damages (or you can collect damages directly from his insurance company). While the rules are slightly different in the 12 no fault states, even there, you are able to sue if your injuries are deemed "serious" and if the other party is at fault. So, how do you know if the other driver was at fault and how do you prove it?
Proving Fault in a Car Accident
Proving fault can sometimes be a challenge after a car accident for many reasons. For example, you may have been driving along legally and the other driver may have ran a red light- fault seems obvious (he ran the red light, after all!) but what if he denies that and says that you ran the red light? Questions of fault can technically arise in almost any accident, even those that seem straightforward. So, what do you do to prove fault?
There are several ways that you can prove to insurance companies and juries who was responsible. These methods include:
- Eyewitness testimony. If someone else was there, get his or her name. He can explain what happened (this is best if it is an unbiased witness, like a person driving a different car, and not your spouse who was a passenger)
- Accident reconstruction experts. There are professionals around whose sole job it is to go back to accidents, review tire marks and other evidence, and piece together what happened
- Photographic evidence. if you have a photo of the scene of the accident and damage to your car, this can help support your claim
- Police reports. The police should be called to the scene of the accident and they can write up an incident report that you can later use to reaffirm your version of events.
Getting Help
When fault is contested after a car accident, you should consult with an experienced auto accident attorney as soon as possible. Your attorney can help you begin gathering the evidence you need early on before any evidence is lost. He can then help you to present this information to the insurance company or to a jury so you can recover the damages you deserve.
