Category: Car Accidents

Every year, an estimated 6 million road accidents happen in America. Three million people are injured as a result, with about two-thirds of victims experiencing permanent injuries.

Being involved in a car accident can prove devastating, both physically and emotionally. Some car accidents prove fatal, with over 38,000 Americans losing their lives annually after being involved in traffic accidents.

If you or your loved one has been involved in a car accident, you may want to seek compensation. This is especially the case if the car accident was someone else’s fault. Calling a car accident lawyer should be one of the first steps to take in this case.

But what exactly can a car accident attorney help you? Read on to find out.

1. Your Attorney Helps You Know What to Say

What you say immediately following an accident can significantly hurt your case. That’s why you need to be extremely careful with your utterances regarding the accident.

The other party’s insurance company may contact you and ask you to offer a written or recorded statement about the case. Any information that you divulge that can hurt your claim will be capitalized on by the insurance company.

Once you hire an attorney, you have a knowledgeable professional on your corner directing you on what to say or not say. Your lawyer will make sure that you only say what you need to without putting your right to compensation in jeopardy.

2. A Car Accident Lawyer Can Help Determine Fault 

Establishing fault is a key step in your quest for compensation. A competent attorney will do what it takes to ensure you understand the fault rules in your state. More than that, they’ll help determine which party is at fault.

Don’t be discouraged if you were partially at fault for the car accident. Your attorney may still be able to ensure you qualify for compensation.

In some states, the rule of comparative fault is followed, where an adjuster proportionally reduces the amount each party receives in compensation by the amount of the party’s fault in the accident.

3. Your Attorney Helps Gather Valuable Evidence

You can’t prove your case without relevant evidence. The best car accident lawyer knows exactly what evidence is needed to build a strong case. This includes police reports of the accident, photos of the scene of the accident, medical records on injuries you suffered during the accident, and so on. 

Where you need testimony from eyewitnesses, your attorney will be sure to get it. They’ll also collect evidence from expert witnesses if necessary, including the testimony of an accident reconstruction expert where applicable. These statements are vital in proving essential aspects of your claim.

A good car accident attorney moves swiftly to collect important evidence before it disappears. Where you need subpoenas to access certain evidence, such as security camera footage and mobile phone records, your attorney will know how to go about it.

4. Your Attorney Can Help You Avoid Settling Too Early 

Typically, insurance companies put pressure on their adjusters to settle accident cases for as little amount of money as possible. Because they know that you’re vulnerable, insurance adjusters will use strong-arm and scare tactics to get you to settle for peanuts. 

When you’re scared about your future or can’t think clearly due to the effects of the medication you’re taking, it’s easy to accept whatever amount the insurance company offers you.

When you hire a lawyer, it’s difficult for insurers to take advantage of you. A seasoned car accident can spot an insurer’s strong-arm tactics from a mile away and isn’t afraid of standing up to them.

They do what it takes to ensure you don’t settle too early. Your attorney buys you the time you need to find out the full extent of how the injuries you suffered in the car accident will affect your life and career. Remember, by accepting an early settlement, you’re essentially waiving away your rights to additional compensation for the accident, even if you do develop new complications. 

An accident attorney helps to make sure that you don’t miss out on the full amount of compensation you need to cover all future costs related to the car accident.

5. Your Attorney Helps Calculate Your Rightful Compensation 

It’s hardly likely that you know how much money you should be paid for the injuries you suffered in the accident. The fact is numerous factors are involved during the calculation of your compensation. 

For instance, it’s essential to consider both the current and future medical expenses related to the physical injuries you suffered in the accident. The emotional and psychological trauma suffered in the accident also needs to be compensated. If you’re employed, then you’ll also need to be compensated for all the lost wages during your recovery period.

Without an experienced car accident attorney by your side, it’s difficult to assign the right figures to these factors. But once you hire a lawyer to represent you, they can do the necessary calculations and come up with an amount that makes a lot of sense for you.

It’s very unlikely that the insurance company will accept to pay the amount your attorney quotes right away. Don’t let that bother you, as your lawyer knows how to negotiate. In the end, the figure you receive will still be much more than you’d have gotten without an attorney.

A Car Accident Lawyer Can Make All the Difference in Your Case

If you were in a traffic accident, hiring a car accident lawyer is one of the best moves you can make. Such an attorney can help you successfully navigate the claims process and receive your reserved compensation. 

Are you interested in the services of a reliable car accident attorney in your area? Contact us today to learn how we can help.

Medical malpractice is a problem that has been plaguing the medical industry for years. A report by Johns Hopkins University School of Medicine found that malpractice suits since 2000 have cost over $40 billion. The average cost per malpractice suit? Around a whopping $2 million. A medical malpractice lawyers number one goal is always going to be helping those who need us during their darkest hour.

That means helping victims get the financial compensation and emotional support they deserve. Read on to learn more about what these professionals do and how they can help your case.

What Is Medical Malpractice?

The first thing you need to understand is malpractice itself. Medical malpractice is when a medical professional does not provide an adequate standard of care and it causes injury, death, or loss.

There are three types of malpractice:

Negligence: This type of malpractice refers to the actions (or inaction) by the defendant causing harm. It can be divided into different categories, like when they misdiagnose an illness, or when they don’t tell someone to see a doctor in time.

Standard of Care: Negligence can also be violating the “standard” of care. This “standard” is the level other professionals would perform under similar circumstances.

Breach of Contract: Did you have a signed medical agreement with your doctor to provide certain services? If he or she fails to do so it is a breach of contract.

If the medical professional did commit malpractice, you don’t automatically win. You have to overcome some hurdles before you win in court and get compensated.

Medical Malpractice Lawyers: Why Do I Need One?

Having an attorney on your side can make all the difference in court. A malpractice lawyer will work with you to find out if malpractice did indeed happen. They will also help figure out who is responsible and help protect your rights throughout the entire process.

A medical malpractice lawyer has access to medical experts who can validate your case and help strengthen it if an issue comes up. Sometimes, an insurer or even a judge will dismiss a claim because there is not enough evidence that will hold up in court.

An experienced malpractice lawyer knows what they are doing. They’ll put their years of experience fighting malpractice suits into action for you!

Types of Injuries That Can Be Caused by Medical Malpractice

Medical professionals are supposed to bring their patients back into good health—not cause them to suffer further. Unfortunately, there are many medical malpractice cases that involve some form of injury. Some examples include:

• Brain damage
• Loss of a limb due to a medical error
• Emotional trauma or distress
• Pain & suffering
• Mistakes during childbirth
• Financial losses such as loss of income due to injury
• A loved one’s unnecessary death

Other injuries caused by malpractice could be broken bones or surgical errors. They could also be serious conditions such as paralysis.

Emotional trauma includes a lot of problems, such as anxiety disorders and psychological issues. Often, it may even include PTSD (Post Traumatic Stress Disorder).

How to File a Claim for Medical Malpractice in Hawaii

If you think that your case might be about medical malpractice, talk with an experienced medical malpractice lawyer. With their help, you’ll be able to figure out if you should file a claim against negligent doctors. They will tell you what course of action needs to happen next.

Even if you think that you have a reason to sue someone, it is best to talk with a lawyer before doing anything. If you do not, this could lead to costly mistakes.

You can make mistakes when you are overcompensating for something the other party did. For example, if they are at fault, then you deserve full restitution. The last thing surviving family members want is to take responsibility for the medical malpractice when it was not their doing.

The Process for Filing a Claim and What You Should Expect

Surviving family members should be able to focus on more important aspects such as grieving the loss or trauma of their loved one. They will likely receive offers from insurance companies involved in order to stall or even undermine their claim.

The firm you work with should take care of these matters by negotiating directly with insurers on your behalf. Your lawyer will also gather evidence necessary to prove professional misconduct. Evidence may include test results, charts, audio/video recordings of examinations, and consultations.

Of course, no sum could ever pay for what was lost—and this is where experienced attorneys come into play yet again. Medical malpractice lawyers understand what insurance companies are willing to settle for.

Medical Malpractice in Hawaii

While medical practitioners also operate under errors and omissions liability coverage by their respective medical professional associations such as the Hawaii Medical Association (HMA). But this does not make them immune to due process, like getting sued.

Everyone deserves due process if they believe someone has done wrong on purpose or out of negligence towards themselves or their loved one. Due process is a right we all deserve and it’s important to remember that.

Hawaii’s Leading Medical Malpractice Lawyer: Help for Those Who Have Suffered

Losing a loved one or enduring pain due to medical malpractice can turn your world upside down. But Cummings Law is here for you and wants nothing more than for this pain of yours to go away.

Our medical malpractice lawyer, Brian Cummings, is dedicated to providing Hawaiians with the representation and guidance they deserve when facing malpractice in the medical field.

If you or someone close to you has been injured due to negligent conduct from a medical practitioner in Hawaii, please contact us immediately so he can start fighting on your behalf today!

Unfortunately, there are over 6 million car accidents per year within the United States. Unfortunately, many of these also involve pedestrians. To make matters worse, it can be exceedingly difficult to understand the steps you should take if you were hit by a car while walking. Fortunately, it’s not as complicated as it may seem at first.

Not sure where to start? Don’t worry, we’ve got you covered.

Let’s take a look at everything you need to know.

Get to Safety

As you may expect, the most important step for you to take after you’ve been injured as a pedestrian is to relocate to a safe location. Although it’s common for traffic around you to slow after an accident has occurred, you can’t assume that other drivers on the road will see you as they pass by.

Staying in the road puts you at risk of getting hit by another vehicle, something that could easily prove to be catastrophic. If you’re unable to walk or otherwise relocate to safety on your own, ask people nearby (including the driver) to assist you.

As a general rule of thumb, it’s not recommended to have someone pick you up if you’re unable to move. If you have injuries to your neck or spine, this could cause further complications.

Instead, ask them to block off traffic as best they can so that they can secure a safe perimeter around you.

Call The Police

Once you’re in a safer environment, you should immediately call the police and report the incident. This is true even if you don’t feel like you have any readily apparent injuries.

Sometimes, medical conditions can manifest later at a later date. For instance, there’s even a condition called ‘Talk and Die Syndrome‘ that involves complications related to an epidural hematoma in the brain.

While not every scenario is this severe, the last thing you want is to discover weeks later that you have medical issues but have no evidence that the accident occurred. A formal report that’s taken down by an officer is a crucial piece of evidence that you can use to pursue compensation.

Ensure The Driver Doesn’t Flee The Scene

Unfortunately, it’s not uncommon for a driver to flee the scene of a pedestrian-related accident. This is especially true if the accident occurs at night or within a rural area.

Even people who normally wouldn’t exhibit this type of behavior may end up doing so if they panic about the situation.

Do your best to convince the driver to stay at the scene so you can gather the necessary information from them. If you find that they do leave, make note of their physical appearance, the make and model of their car, and their license plate number so that you can provide this information to the police.

Gather Information From The Driver and The Scene

If the driver does the right thing and stays at the scene, there’s a handful of information you’ll need from them. This typically includes:

• Driver’s license info
• License plate number
• Insurance information

Afterward, take as many pictures as you can of the scene of the accident. This means you should acquire photos of their vehicle, the environment around the accident, your injuries, etc. All of this is evidence that can be used to support your case, so don’t neglect any of it.

Interview Nearby Witnesses

If anyone nearby saw the accident, it’s imperative that you take the time to interview them since people remember best immediately after an incident occurs.

To streamline this process, you can take an audio or video recording of the witness (as long as they consent). If you go this route, have them state their full name, a method in which they can be contacted, and the current date/time. Then, have them explain what happened from their point of view.

The more people you can interview, the stronger these witness accounts will be while seeking compensation for your injuries.

Seek Medical Attention

Even if you feel fine, it’s absolutely imperative that you seek medical attention after an accident to rule out any possibility of internal injury. You’ll also be able to obtain medical records in this manner, which are one of the most important pieces of evidence to have access to.

You may even have PTSD after this incident, and consulting a therapist can help prevent a wide array of complications (such as insomnia) from arising in the future.

Contact a Legal Professional

After you’ve completed the above steps, it’s time to get in touch with a reputable legal professional to help you with your case. They’ll be able to provide you with the greatest chance possible of the outcome being in your favor.

When searching for an attorney, it’s important to look for one who specializes in this area of law and has significant experience in the industry. You should also take the time to research what their past clients have to say about them in order to get a better idea of who you’ll be working with.

Taking the Right Steps After You Were Hit by a Car Can Seem Difficult

But it doesn’t have to be.

With the above information about what to do if you were hit by a car in mind, you’ll be well on your way toward making the decisions that are best for you and your recovery.

Want to learn more about how we can help? Feel free to get in touch with us today to see what we can do.

Hawaii is one of a handful of no-fault states in the US. That means that your own insurance is expected to cover your damages regardless of who was at fault. However, the situation changes if your injuries are serious.

With the help of a personal injury attorney, you can file a personal injury claim to receive compensation for larger or longer-term damages. The question is, how long does it take to settle a personal injury claim?

It’s only natural for our clients to worry about when they will receive the money they are owed. After all, they are paying their medical bills out of pocket and possibly losing income in the meantime.

The reality is, there isn’t a one-size-fits-all answer to the question of long it takes to settle a personal injury claim. Read on to find out why and to get a better sense of how your case will go.

How Long Does It Take to Settle a Personal Injury Claim: Delaying Factors

Some lucky clients win their settlements within six months of filing their personal injury claim. However, this is not the average time for a car settlement or other personal injury case. In fact, it’s not uncommon for personal injury settlements to take up to a year or longer.

Let’s take a look at some of the factors that can delay or slow down your path to settlement.

Proving Negligence

In order to successfully file a personal injury claim, you have to be able to prove negligence on the part of the defendant. In other words, you must show that your injuries resulted from their recklessness or lack of attention paid to their surroundings.

This isn’t always easy to do, especially if you don’t have surveillance footage or eyewitness statements to rely on. The less third-party information you have, the harder it is to prove negligence.

Receiving Thorough Medical Treatment

It’s imperative that you have a clear estimate of not only how much you’ve already paid in medical bills but what you’ll pay in the future, as well. Make sure that you are following all of your doctor’s recommendations, including seeing other specialists.

Seeing a physical therapist or psychiatrist may draw your case out, but you don’t want to face any surprises after settlement. These specialists can often provide a more accurate and detailed look at what your medical future holds. This is important because it is extremely difficult to reopen a personal injury claim after settlement, even if you come to realize the extent of related long-term damage afterward.

How Long Does a Lawsuit Take?

Most personal injury claims are settled out of court and aren’t considered full-blown lawsuits. Lawsuits come into play when the insurance company either won’t pay up or won’t agree to fair, full compensation.

If you reach this point in your case, you’re probably going to ask, “Why is my lawsuit taking so long?”

Like settlements, there is no guaranteed answer to this question. Introducing more people to the process, like a judge and jury, can certainly affect how long it will be before you receive compensation. While filing a lawsuit inevitably adds time to your case, exercise patience to ensure that you get the money you are owed.

How to Speed Up Your Personal Injury Settlement Process

Are you worried about long your personal injury claim will take to reach a settlement? There are a few things you can do that will make the process smoother and avoid unnecessary hiccups. Let’s talk about what those are.

Hire a Personal Injury Attorney Right Away

When filing a small claim, you may be able to get away without the help of an attorney. However, because Hawaii is a no-fault state, it’s unlikely that your claim would be small enough to settle on your own.

It’s better to hire an experienced personal injury attorney from the moment you file your claim. Otherwise, your attorney has to play catch up in order to prepare for your already-open case. They may also have to perform some damage control, depending on what the insurance company’s attorneys have already accomplished.

If you’re on the fence about filing a claim at all, you should still consult with an attorney as soon as possible. Remember, the statute of limitations for personal injury claims in Hawaii is two years. That means that you must legally file your claim within two years of the initial incident that caused your injury.

Have All Paperwork in Order

In order for your attorney to build a solid case from the beginning, you’ll want to have all of your paperwork organized and available.

This includes documentation of the scene of the incident, preferably in the form of pictures and videos. Any witness statements will also help to set the scene. If you don’t have witness statements, try to provide the contact information of your willing witnesses.

You will also need all medical records and notes from your doctor and any other relevant medical professionals. You want to show what treatments you’ve already undergone as well as any future treatments your doctor recommends.

Finally, you’re going to need all paperwork that will prove your financial situation. Bring all relevant medical bills. If you’ve missed work and subsequently lost income because of your injury, bring pay stubs and work records, too.

Ask Brian Cummings to Help With Your Hawaii Personal Injury Claim

Are you asking, “How long does it take to settle a personal injury claim?” If so, chances are that you are worried about the state of your physical health and your finances.

Brian Cummings is a leading personal injury attorney in Hawaii. With over twenty years of experience, he can help you to receive the settlement you deserve in a timely fashion. Contact us today to start your consultation and you will hear from us soon.

We spend so much time behind the wheels of our automobiles that we often forget the amount of risk we put ourselves in just by getting on the roadway. Accidents are far too common and they can be debilitating and life-changing. 

The steps that you take immediately following an accident can be essential to the future of your health and financial stability. A failure to take proper action can force you into a very bad position. 

There are several steps that you should take immediately following a car accident. Need some car accident help or advice? We’ll walk you through what you need to know below.

At the Scene of the Accident

No one leaves their house in the morning with the expectation of getting into an accident that day. Automobile accidents can be surprising, terrifying, and unexpected. It can be hard to think straight and make the proper decisions following a collision, especially a severe one.

However, the steps you take immediately following the accident can be incredibly important. 

Check for Injuries

First and foremost, you’ll want to check on the health of yourself and others in your vehicle. Has anyone been injured in any serious way? If the answer is yes, you should call 911 immediately and have medical help be sent to the scene. 

Make sure to do a thorough check of yourself and your passengers. As we mentioned, a car accident is a surprising event and it will most likely throw all involved in a state of shock. When the body is in shock, adrenaline courses through and can mask pains, aches, and other issues.

You might not even realize that you’re actually injured until your body has calmed down and adrenaline levels have subsided. This is why you should always avoid telling other drivers or the police that you haven’t been injured– you never know for sure until you can see a doctor.

Once you’ve ensured the well-being of those in your vehicle, move your car off the road and out of danger of oncoming traffic. If you can, get out and check on the drivers of other vehicles involved in the accident.

If any of them have been seriously injured, call 911 immediately as well.

Take Photos and Videos

Once you’ve established that everyone is involved is okay, it’s time to start the work of gathering the evidence you’ll need to sort out the aftermath of the accident. If the accident was caused by the negligence of another driver, you will have a right to compensation under the law.

Even if you think you might be the one that caused the accident, it’s still best to gather this evidence and avoid taking fault at the scene of the accident itself. You might not have all the information. 

For example, you might have hit a vehicle, but you were unaware that this vehicle was speeding through a red light, thus creating a cause for your collision. Taking the blame for an accident immediately following is never a good idea because this admission could be used against you later during negotiations.

The photos and videos you take of the scene of the accident will be key evidence in these later negotiations. Make sure to establish the placement of the vehicles on the roadway and get good footage of the damage done to cars and individuals.

Everyone has a camera in their pocket these days (your phone!) so there’s no reason to leave the scene of the accident without this evidence in hand.

Following the Accident

With this gathered evidence in hand, it’s time to leave the scene. However, there’s still more work that needs to be done if you want to ensure a stable future for yourself.

Visit a Medical Professional

Even if you feel perfectly fine, it’s a good idea to visit a medical professional as soon as you possibly can following an accident. There are multiple reasons for this trip.

For one, a doctor will be able to inspect you and ensure that you are actually in good health. As we mentioned previously, there’s always a chance you’ve been injured but might be unaware of the problem. Catching these injuries early can greatly help your recovery.

In addition, a report from your doctor will be a key piece of evidence. It will be conclusive reporting on injuries you’ve sustained due to the accident. You will need this information from a doctor when speaking to another driver’s insurance company.

Talk To an Experienced Attorney

There are some car accident incidents where you might not need an attorney to take on your case. In most instances, however, this is not a task you will want to take on all on your own. 

You’ll be working with an opposing driver’s insurance company to get the compensation that you deserve. Insurance companies hire a team of highly trained attorneys who will attempt to low-ball or outright deny as many claims as possible.

Unless you’ve got some sort of background in these matters, it’s very easy to leave these negotiations without getting the compensation that you need and have a legal right to.

Hiring an experienced attorney will ensure you put your best foot forward and have a fighting chance to get the financial support that you need.

Car Accident Help: Understanding What to Do

If you’ve never been in an automobile collision before, you might need a little car accident help and advice to get through the aftermath of this event. The above information can help guide you through the steps you should take following a car accident.

Need more help with your case? Give us a call anytime for a free consultation.

 

In 2019, there were over 6,500 pedestrian deaths in the United States alone. That’s the highest amount since the late 1980s. 

Getting hit by a car is a traumatic experience, and it can be hard to know what to do in the aftermath of the accident. As a pedestrian, if you got hit by a car, it’s crucial that you take the proper steps immediately after being hit.

But, what are all the things you need to do? You’ve come to the right place. Keep reading to learn all the steps you should take if you’ve been hit by a car. 

Assess Yourself and Your Injuries

Being hit by a car is a shock and you will likely suffer injuries as a result. Before you do anything else, take a deep breath and assess your body. Are you hurt and bleeding? Does it feel safe to stand up? 

If you’re worried you have serious injuries, especially to the head or neck, try not to move until medical assistance arrives. If you have more minor injuries, still take it easy and remember that more serious injuries may develop over time. 

If you can move, get out of the street and to a safer area nearby to reduce your risk of further injuries.

Take Photos of the Accident Scene

Once you’ve determined if you’re ok to carefully move around, use your phone to take pictures of the scene. You’ll want to take pictures of the following:

• Your injuries
• The car and license plate
• Any debris in the road
• The area where the accident occurred
• Weather conditions

The more photos you take, the better your chances of having solid evidence of the accident should the case eventually go to court. It’s better to take too many photos than to not take enough. 

Call the Police

Next, you’ll need to call local law enforcement to come out to the scene. The police officer will assess the scene and take statements from you, the driver of the car, and any witnesses on the scene. 

Again, it will be helpful to have this on file should you end up going to court over the accident. It’s important to remember that you should never take fault for the accident when talking to the driver, witnesses, or police officers in the immediate aftermath. 

Should you take the blame at the scene, this could be used against you later in court. 

Exchange Information With the Driver

Unfortunately, in the case of pedestrian accidents, the driver may be tempted to flee the scene to avoid getting in trouble. In fact, around 20% of all pedestrian deaths were the result of a hit-and-run. 

If the driver that hits you flees the scene, there’s not much you can do other than gather witness information. However, if the driver involved in your accident stays, you’ll need to exchange information with him or her. 

Ask for the driver’s name and license information, license plate number, and insurance information. This will make it easier for you when filing a claim. 

Gather Witness Information

Once you have the driver’s information, you’ll need to talk to witnesses at the scene. Ask them for their names and contact information, so you can reach out to them in the future if needed for your court case. 

Witnesses should also give their statements to the police officer that arrives on the scene. From speaking to witnesses, you’ll be able to piece together what took place just before, during, and immediately after the accident. 

Additionally, if your case ends up going to court, eyewitness testimony can be a powerful piece of evidence that works in your favor. 

Go to the Doctor

After you’ve gathered as much information as you can on the scene, you need to go to the hospital to be checked for injuries. Even if you initially feel fine, you might develop aches and pains down the road, or a more serious injury can develop. 

It’s also important to have a record of visiting the doctor should you go to court. If you refuse medical treatment initially and then develop an issue like back pain, that could work against you in your court case. 

An immediate medical evaluation can help keep you healthy and strengthen your court case down the line. 

Contact the Driver’s Insurance

One of the reasons you need the driver’s information is so you can open an insurance claim. You’ll want to contact the driver’s insurance company and give them the driver’s information and tell them the date and location of the accident.

However, remember that the insurance company is not on your side. You should never admit responsibility for the accident and don’t give them more information than is absolutely needed. 

You’ll also want to avoid answering too many questions, as they could be used against you during the court proceedings. 

Contact an Attorney

The final step to take is to contact an attorney that specializes in pedestrian accidents. By talking to a lawyer who is familiar with cases like yours, you can learn about your rights and decide whether you want to pursue legal action.

Your attorney will look out for your best interests and help you reach a settlement if possible. If the case goes to court, working with a personal injury attorney is the best course of action to help you win your case. 

Your legal team will review all the details of the accident and form the best course of action to help you receive the damages you’re owed.

If You Got Hit By a Car, We’re Here to Help

As a team of experienced personal injury attorneys, we understand how stressful and overwhelming it is to be involved in an accident. 

If you are a pedestrian who got hit by a car, contact us today to set up a consultation with our team. We’ll help you through this difficult time and have your back throughout the process from start to finish. 

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!