One of the simplest ways to defend oneself against a negligence claim is to simply blame the other party for their injuries. So if you’re in a car accident, your first order of business should be considering how to prove a car accident wasn’t your fault. This will determine everything from which insurance company will take liability for the claim to whether or not you can get any compensation for your injuries. Below, we’ll attempt to answer this important question in detail.
Evidence in a Car Accident Claim
Whenever there is a major car accident, first responders are called to the scene to ensure that everyone is okay. Once all injured parties are on their way to the hospital, they begin collecting evidence concerning the crash.
The vehicles involved provide a lot of data concerning how the accident happened. Our law firm has accident reconstruction specialists who can come up with a theory as to how the accident occurred just from the damage patterns left on a vehicle.
Additionally, there may be witnesses who saw the accident and made statements to police. Their version of events can be used in your claim against the other driver.
Police will generally be called to the scene of the accident and they will gather witness statements, take pictures, and file a police report.
Lastly, there may be surveillance footage that caught the accident on video. This can be used to determine fault in a car accident lawsuit.
Proving Fault by Analyzing State Laws
Every state has specific laws when it comes to traffic. By and large, these laws are uniform and define what is or is not acceptable driving. As an example, the state speed limit may differ from state to state, but all states impose a speed limit. If a driver is driving too fast for the area or the conditions, then this can be used against them when it comes time to file your lawsuit. If you can prove that the driver committed any traffic infraction that led to the accident, you are well on your way to gaining full compensation from their insurance policy.
How Can I Help Get Evidence to Prove My Claim?
Assuming you are able to get out of your vehicle and walk around, you can help your claim by photographing the scene. This would include debris from both vehicles as the debris pattern can be used to prove your claim. It would also include photographs of both vehicles from multiple lines of sight. If either vehicle left skid marks, you will want to have evidence of that as well. Additionally, you will want to record:
- Any traffic control lights or traffic signs
- Photographs of both vehicles
- Photographs of debris left on the road
- Photographs of skid marks
- Contact information of the other driver
- Contact information of any witnesses
- Police and any other official reports
How to Prove a Car Accident Wasn’t Your Fault
Your job as a plaintiff in a lawsuit against another driver is to prove that driver was negligent and their negligence caused the accident. To prove negligence, you must be able to prove three things. Those are:
- The other party owed you a duty of care
- The other party failed in that duty of care
- Injuries resulted from that failure
“Injuries” can include property damage, not just bodily harm.
It assumed under the law that any driver who gets behind the wheel of a car owes every other driver with whom they share the road a duty of care. As a plaintiff, you need to establish that there was some failure. Examples of negligence include:
- Failing to yield the right of way (unsafe lane change, running red lights)
- Failing to obey stop signs or traffic lights
- Failing to keep a vehicle in roadworthy condition (tire blowouts, loss of cargo)
- Distracted driving
- Drunk driving
- Violating traffic rules
Talk to an Alabama Traffic Accident Attorney Today
If you’ve been injured by a negligent driver, you can expect that neither the other driver nor their insurance company will gladly accept fault for the accident. Therefore, getting the right evidence is a must. The Birmingham traffic accident attorneys at Petro Law Firm can help you file your claim and get the evidence you need to maximize your settlement award. Contact us today for a free consultation.