How to Prove You Are Not at Fault in a Car Accident
Trying to figure out how to prove you are not at fault in a car accident? The first thing you need to know is what you must prove in order to recover compensation for your losses. When you file your claim with the other motorist’s insurance company, you will have the burden of proof to show that you are entitled to recover damages for your injuries. This requires you to prove each of the following elements to establish the other driver’s liability:
- The other motorist owed a duty of care to drive with reasonable caution and care.
- The other motorist violated the duty of care by failing to exercise reasonable caution and care while driving.
- The other motorist’s violation of the duty of care was the cause of your accident and injuries.
- You suffered damages as a result of the other motorist’s negligence.
Even if the other motorist was clearly at fault, his or her insurance company might still try to dispute liability and blame you to try to reduce your claim. Taking the steps outlined below can help you prove that the other driver was at fault.
Take photographs at the scene.
Immediately after the accident, take pictures with your smartphone. If your injuries prevent you from photographing the scene, ask a friend or family member to take them for you. Take pictures of the damage to both vehicles, their relative positions, the weather and road conditions, any tire skid marks, and any other relevant details. Photographs taken at the scene of the accident can provide crucial evidence your attorney can use to establish the other motorist’s liability.
Call the police and exchange information.
Call 911 from the accident scene and ask the dispatcher to send the police and first responders. While you are waiting for the police to arrive, check yourself and others for injuries and provide help to anyone who needs it. Exchange your information with the other driver, making sure to ask for the motorist’s driver’s license, insurance information, and vehicle registration information. You will need this information when it is time to file a claim. Make sure to get copies of the police report after your accident.
Get the names and contact information of anyone who saw your crash.
If anyone saw what happened, encourage any witnesses to remain at the scene and talk to the police. Try to get the names, phone numbers, emails, and physical addresses of each witness. Ask them to tell you what they witnessed before they leave, and write it down or record it if they agree. Having a neutral, third-party witness can provide powerful evidence to bolster your claim and show that you were not the at-fault party.
Retain a lawyer as soon as possible.
It is important for you to retain an experienced attorney as soon as you can after your collision. By getting help early in the process, you can concentrate on recovering from your injuries while allowing your lawyer to handle the communication and negotiation with the insurance company on your behalf. The attorneys at Ellis & Associates have years of experience helping car accident victims to recover the compensation they are rightfully owed. Call us today for a free consultation at 800-MR-ELLIS.