The outcome of an insurance settlement and civil lawsuit following a car accident will depend on proving fault. Often, the driver is at fault for why a crash happens. Perhaps one driver was speeding, tailgating, or being reckless moments before the collision.
If you were recently injured in a car accident, proving the other driver’s responsibility will help you receive a fair settlement based on how you have suffered. Some examples of influential evidence to prove fault include police reports, photographs and video, witness statements, and medical documentation.
It is important to call the police after a car accident so they can come to the scene and help. The officer will file a report containing factual details about the incident. Police reports are supposed to be unbiased and only include facts about how the collision occurred.
You can request a copy of this police report in the following days, but ask for the officer’s badge number and where you can pick up the copy. If you aren’t sure where to get this document, your car accident lawyer can figure that out for you.
Tips for Getting a Police Report Written
Often, police agencies have deprioritized writing reports in accidents. In order to maximize the changes that a report will be written, you must tell the officers that you have been injured. When the injuries are serious, calling an ambulance for your injuries will maximize the chances that a report will be written.
Was there anyone with you at the time of the car accident? Statements from passengers in your vehicle, bystanders, shop workers, and other pedestrians can help show that the other driver is at fault. The more people you have that support your side of the story, the better.
As our friends at Cohen & Cohen would agree, sometimes innocent people get blamed for the reckless behavior of others. Unless you have strong evidence to prove otherwise, you risk being blamed for an accident you didn’t cause.
Video and Photographs
Before leaving the scene, take photos and videos of the accident area. Capture the damage to both vehicles, your physical injuries, debris on the road, tire skid marks, street signs, and anything else that appears relevant at the time.
Visual evidence like these can be difficult for insurance and opposing parties to refute. If you don’t have video or photographs, it will be your word against the other driver’s.
If you had to be rushed to the hospital and could not take pictures or video, other forms of evidence can be used. Being so severely injured that you could not gather evidence before leaving the scene can impact your case.
It is recommended that you see a doctor shortly after being in a car crash. You may not feel the full extent of your symptoms and injuries until hours or days after the incident. You are putting your health and well-being first by seeking medical care immediately. You are also starting a paper trail that officially documents your injuries.
If you visited a doctor for accident injuries and decided to file a civil lawsuit against the at-fault driver, request documentation to share with your insurance agent and lawyer.
Establish Fault in an Accident
After a car accident, the focus will be on who is at fault. Unfortunately, sometimes innocent drivers get blamed and need to use evidence to show the other driver is responsible. Don’t hesitate to get help from a lawyer to ensure that your insurance settlement or civil lawsuit results in a fair conclusion.
If you’ve been involved in a car accident and need an attorney to guide you through the process and personal injury lawsuits, reach out to us at RMD Law. Our team of experienced lawyers is ready for the tireless representation you deserve. Contact us today for a free case evaluation.