5 Ways to Prove the Other Driver Was At Fault
by Stephanie Andre | Last Updated: August 27, 2020
Let’s say you were unfortunate enough to get into a car accident. The other driver went through a red light and plowed into you. It was completely his fault, and now you’re seriously injured and have to pay medical expenses while being unable to work.
It seems obvious to you that you deserve compensation. It won’t be that obvious to everyone else, though. You’ll have to prove that the other driver was at fault to be able to recover damages from the insurance company or through a personal injury lawsuit.
How do you do that? Below we give you five main ways to prove fault in a car accident.
1. Use the Police Report
If the other person broke traffic laws in the accident, that will be clear in the police report. This is why it’s so important to always call the police after an accident, even if the other driver seems to be cooperative in exchanging insurance information. You need an official report of what happened and what violations occurred. It also helps to obtain the names and badge numbers of the officers that respond to your accident, in case you need to contact them in the future.
You can ask the traffic division of your local law enforcement agency for a copy of the police report, which will help support your position in the case.
2. Take Pictures
A picture is worth a thousand words as they say and can help the insurance company or judge to see exactly what happened in the accident. Take pictures of all cars involved, as well as the road where the accident occurred, any markings or debris on the road or the ground nearby, road signs in the area, weather conditions, and anything else that may help you prove what happened.
3. Know Your State Traffic Laws
Your state’s department of motor vehicles will likely have a simplified, accessible version of the state driving laws. You can review these to search for the laws as they apply to speed limits, right of way, road markings, and more. Find the rules that apply to your accident and use these when discussing your claim with the insurance company.
4. Speak to Witnesses
If any individuals witnessed your accident, try to get their contact information and a statement before they leave the scene. Include passengers in the other vehicle, even if they may desire to protect the other driver. You can also ask the police to help with this when they arrive. Third-party witnesses who don’t know you can be powerful supporters in your case.
5. Check for Traffic Cameras
Most cities are equipped with many traffic cameras today, which means your accident may have been caught on tape. If so, that could be a lucky thing, as video evidence is hard to dispute. If there were cameras around, find out how you can access their recordings as soon as possible. Keep in mind that some may be owned by private businesses.