Were you recently involved in a car accident? If so, then you might be worried about who’s going to be at fault.
In some accidents, the fault isn’t so black and white. It falls into a grey area where all sides could make a case that the other is a fault. Even if the fault is absolute, the other party might try to counter the blame anyways.
For that reason, it’s important that you understand how to prove you are not at fault in a car accident. See below for several factors and tips that will help you show who’s actually at fault.
Prove a Traffic Law Was Violated
One of the clearest ways to show that it wasn’t your fault is by showing proof that the other party broke a traffic law. Any party that breaks a traffic law can be assigned fault for the entire accident.
For example, you and your lawyer might be able to prove that the other party ran a red light or ran through a stop sign which led to the crash.
These traffic violations might be along the lines of speeding, reckless driving, disregarding traffic signs, or (in some cases) even driving under the influence of alcohol.
If you believe the other party to have violated certain traffic laws during the incident, inform your attorney right away so they can try to gather proof.
Take Photos of the Crash
Immediately after the car crash takes place, your top priority should be to tend to the health of yourself and everyone else involved. Once you know the injuries of everyone involved, you can call local authorities to describe what happened.
However, your job doesn’t stop there. After you’ve been told that authorities are on their way, be sure to take as many pictures as you possibly can.
Take photos of things like the damage, the area, the time, the people involved, any injuries you sustained, the road you were driving on, and so on. The more photos you have, the more evidence you might’ve gathered for your case.
Even something as little as taking pictures of the crash in relation to the four-way intersection can be the proof you need to show you’re not at fault.
Hire an Attorney
Simply put: you won’t be able to prove that someone else is at fault for a car accident without a trusted attorney by your side.
The other party is undoubtedly going to hire a lawyer to represent them, and you need to do the same. To go against an experienced attorney by yourself would be highly unrecommended.
As soon as the dust clears after the accident and you’ve talked with local authorities who are filing a police report, be sure to contact a local attorney. You can tell them all the details about the incident while they’re still fresh on your mind.
From there, you and your attorney can gameplan what evidence you have and how you can gather more of it. If you believe the police report that was filed to be in your favor, then your attorney can recommend access to it.
Gather Witnesses
One of the most powerful assets that you’ll have at your disposal (if the accident wasn’t your fault) is witnesses. The more of them you have, the harder it is for the other side to blame you for the accident.
For that reason, take the time at the scene of the accident to get down the contact information of every witness that you see.
Be sure to write down their first and last name, as well as their phone number and email address. This will ensure that you have the proper contact when you go to contact them later.
With everything else going on at the moment, it will be hard for you to take the time to talk with them about what they saw. However, your attorney can reach out to them later in order to gather their story and start to compile more evidence to support it.
Jot Down Some Notes
As significant and shocking of a moment that the accident might have been, you’re naturally going to start to forget key factors of the incident as the days roll on. Your case might take a while, so you want to ensure that you can remember each detail.
That’s why it might be helpful to take out your phone, open up the Notes app, and type as many details about the crash as possible.
Think about things like what lane you were in, what the speed limit was, where the car hit you, what you were doing right before the crash happened, etc.
Write down the road you were on, the car they were in, how many passengers you had, how many passengers they had, and what time of day it was as well.
You can use these notes to jolt your memory a few days/weeks down the line as you’re telling your attorney about the accident. Naturally, your side of the story will line up with the police report, which will work in your favor.
How to Prove You Are Not at Fault in a Car Accident: Be Diligent
The key factor on how to prove you are not at fault in a car accident is to remain as diligent and organized with your evidence as possible.
Be sure to read this article for several more reasons why you need to hire a lawyer after a car accident, whether you’re at fault or not.
For more inquiries, please feel free to reach out via our contact us page and we’ll be happy to assist you further!
