How to Prove You Are Not at Fault in a Car Accident

A car accident is nothing but a stressful experience with potentially serious injuries dawning on you. Even though you may be 100% sure that the other driver is at fault, sometimes it takes time and effort to prove your innocence and get the fair compensation you deserve.

So, how to prove you are not at fault in a car accident? There’s no simple answer to this question. To win a questionable claim, you should apply a complex approach to the case. Experienced car accident lawyers can assist you in gathering evidence, negotiating with insurance companies, and building a solid defense.

What Is Fault?

Legally speaking, fault in a car accident is mainly a financial responsibility that the negligent driver holds for all the injuries and damage caused by the incident. However, not all car crashes are so black-and-white, with just a single person found to blame. Some drivers, as well as insurance companies, may be more than reluctant to agree to a fair settlement.

So, to prove their innocence, an injured party has to provide evidence that the other road users:

• Are legally required to be reasonably careful on the road;
• Were intentionally or unintentionally careless;
• Serve as the root cause of your losses.

Why Is It Important to Prove Fault in a Car Accident?

Proving fault in a car accident is crucial for several reasons. In most U.S. states, the “fault” system determines liability, with only a few exceptions operating under “no-fault” rules. If you don’t know how to prove you are not at fault in a car accident, you risk losing your right to a fair reimbursement or becoming the liable party yourself.

Under fault laws, the at-fault driver’s insurer or the driver themselves is responsible for covering all damages caused by the accident. This includes medical expenses, lost income, property damage, and compensation for pain and suffering.

When both parties share responsibility for a car accident, proving the other driver’s fault becomes even more important. For example, if a van making a left turn collided with your car while you were speeding through an intersection, you might pursue a comparative negligence claim to determine how liability is divided.

In left-turn accidents, 80% of damages may be assigned to the van driver for failing to yield. However, if you were speeding, you could bear 20% of the fault, requiring you to cover that portion of the damages.

Proper fault determination ensures that you keep your driving record clean, stick to corresponding insurance premiums, and receive maximum reimbursement of your car accident claim.

Fault and No-Fault States’ Liability Determination

Most states in the USA abide by laws determined by the local legal system. Some of them prefer the at-fault approach, while others stick to no-fault regulations. Depending upon the chosen legal framework, the car crash fault lies on the driver who caused the incident or each driver’s own insurer.

Once again, navigating the state’s legalities isn’t the simplest task on the table, especially when you are trying to heal and recover after the accident. Reaching out to professional car accident lawyers will save you the time and effort spent trying to entangle the webs of local personal injury laws.

At-Fault States

If you’ve been injured in a fault-based state, you become eligible to file a personal injury claim against the liable parties. It is within the driver’s insurance policy to satisfy your claim.

Usually, the process looks like this:

1. The insurance company investigates your car accident case, considering all the details and nuances of the crash.
2. Critical evidence includes but is not limited to police reports, witness statements, photos, and other digital proof.
3. Each driver gets assigned a percentage of fault if the claim is controversial.
4. The damages are calculated and recovered.

Let’s say you sustained injuries or vehicle damage in a rear-end collision. Typically, the rear driver is deemed liable for the crash, so they are held responsible. Or, if the vehicle drove at the red light while you were making the turn and the damage to the front and the side of your car states the obvious—the negligence and liability are assigned to the at-fault party straight away. However, sometimes car accident cases may be disputed or rejected, and it takes proper legal representation to pursue further legal action and fight for your rights.

No-Fault States

So far, there are 12 no-fault states in the US. These states abide by different liability rules. Whenever a car accident happens, each party involved can apply for a Personal Injury Protection (PIP) settlement, regardless of who caused the incident.

PIP is mandatory in no-fault states, allowing you to claim losses through your insurer rather than the other driver’s. It covers up to $10,000 for medical expenses and lost wages, but severe injuries may exceed this, requiring legal help to maximize your settlement.

In cases like this, a trained car accident attorney will help you maximize the car accident settlement.

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How to Prove Other Driver’s Negligence in a Car Accident?

Some car accidents are less evident in terms of who’s liable for breaching traffic laws that lead to the incident. It is within every insurer’s interests to question the validity of your claim and settle for a minimal reimbursement, if any.

There are a few pieces of the puzzle that will help you stand for your rights and prove your innocence:

• Ensure that the involved party owes you a duty of care. Usually, every road user must follow state-approved traffic rules so that no harm can be done to the other participants.
• Prove that the other motorist has violated any of the traffic laws, ignored traffic signs, missed traffic signals, and breached their duty of care.
• Stress the direct correlations between the driver’s recklessness and the consequences of their actions—a car accident.
• Provide verified proof of the damages you sustained. Whether these are medical bills, vehicle repair or replacement costs, lost income, or pain and suffering documented evidence, everything counts.

How to Prove You Are Not at Fault in a Car Accident?

Car accidents like rear-end collisions with apparent rear-end damage are self-evident. However, at times, the at-fault driver or any other liable party refuses to admit fault. What is worse, the parties involved may try to shift blame to decrease or avoid providing the deserved financial contributions.

It takes proper knowledge of local laws and regulations topped with strong evidence to support your claim and secure the settlement you are aiming for. Here’s the list of practical steps to take to prove that you’re not to blame in the disputed car crash.

Gather Evidence

You can find valuable evidence at the crash scene right after the incident. Inspect the accident scene for signs of skid marks, speed limit signs, or any other road conditions that speak in your favor and determine the other driver as the guilty party. Don’t forget to take photos of every potential proof you find at the scene, no matter how small it may seem. If there are any street cameras in the vicinity, try to assess the traffic camera footage that reflects the exact sequence of events that led to the car accident.

Exchange Contact Information

After a car accident occurs, you should try and obtain helpful information from the other party involved. Starting with the driver’s contact details, such as their phone number, address, and insurance information, you should proceed with the vehicle data. Write down the license plate number, vehicle’s make, and model.

No matter how strong the emotions may be after the incident, it is best to stay as calm as possible, not intimidate the other motorist, and let the situation escalate. Such an approach will help you gain as much information as possible, which will serve you later when you determine the fault in the accident.

Talk to the Witnesses

On top of all the accident scene data, eyewitness statements will become a reliable and unbiased source of information that supports your innocent status and helps you recover the compensation you deserve. Ask around if anyone managed to record any bits of vital evidence, put down collected witness contact information, and confirm that you can reach out to them later.

Yet, it is critical not to pressure any of the witnesses into saying what you need to hear or asking leading questions. Such actions may be deemed evidence alteration and won’t do you any good later in the case.

Obtain the Police Report

Usually, the police officers are among the first ones on the scene. They document all the details that concern the accident and the scene, including but not limited to the time, location, and underlying causes of the collision. Some police reports may even contain witness statements and the officer’s assessment of the incident, which will also come into use later on.

You can obtain a police report by initiating the corresponding request after the accident. A well-documented police report may help rule you out as the potential at-faulty party and assist you in succeeding with the issued insurance claim.

Don’t Admit Your Fault

It is okay to feel partially guilty after an accident. However, the circumstances and palpable evidence state otherwise. You’d be surprised how cruel a trick, such as a simple “I’m sorry” or “I didn’t notice you,” can play on you.

Whether you are talking to the police, interacting with eyewitnesses, or exchanging with the other driver, stick to the facts without any emotional coloring added. Mere politeness can sometimes be treated as an admission of liability and cut the amount of your settlement if not ruled out completely.

Contact an Experienced Car Accident Lawyer

Professional car accident lawyers will help you steer clear of making misleading comments and accidentally admitting the fault. They will point out critical pieces of evidence that will help you build a strong case, not to mention that they are well-versed in all the intricacies of local laws.

Lastly, an expert personal injury attorney will take over the case should the patient be admitted for immediate medical treatment. Keep in mind that having yourself checked by a paramedic is critical since some conditions, like a concussion after a car accident, may have non-visible or delayed symptoms.

The Bottom Line

Unfortunately, driving your vehicle safely does not protect you from other people’s negligence. The recklessness of one driver can inflict severe injuries and losses on yourself. However, it does not mean that you should share their blame and deal with the consequent financial burdens.

Michael Kelly Injury Lawyers will help you prove your innocence and claim the insurance coverage that you deserve. Contact our car accident lawyers for a free case review and expert advice on where you are standing with your case!