How To Prove You Are Not at Fault in a Car Accident?
If you have been injured in a car accident, you might be certain that you are not at fault. But will you be able to prove it? Proving you are not at fault in a car accident is essential to getting the compensation you deserve for any losses.
In at-fault states like Illinois and Missouri, the person who causes the accident (and their insurance company) is responsible for the cost of injuries and auto damages.
In the best-case scenario, the injured party files a claim and receives full compensation for any expenses related to the crash. Unfortunately, insurance companies often go to great lengths to avoid paying for damages. They may even try to shift blame for a crash away from their client.
Here is how you can best prepare to defend your car accident claim and win your case.
Preparing to Defend Yourself
The details of an accident and who caused it may seem clear at the time of the event. However, it is not uncommon for a different version of events to be presented by the at-fault driver or their insurance company after the fact. For this reason, you should treat every accident as if you will need to defend your position in court because there is always a chance it comes to that.
Getting compensated for a car accident case hinges on proving the following:
- The victim sustained injuries and/or their car was damaged
- The accident was the direct cause of the injuries or damage
- The other driver was to blame for the accident
Gathering Evidence at the Accident Scene
Collecting evidence should begin immediately after a car accident. Details from the accident scene will be the foundation of a victim’s defense. Let’s discuss in detail the type of evidence and information you will want to collect.
Photo and Video
Evidence collected from the scene of the accident is crucial when determining fault. Photo and video evidence is very helpful, and thanks to cameras on phones it’s easy to collect. Get pictures and videos of the following:
- Any visible injuries
- Vehicle damage
- The crash site from various angles
- Any debris found at the crash site
- Nearby signage and aspects of the roadway like intersection, turn lanes, or road obstructions
- Weather conditions like fog, snow or rain that could have contributed to the accident
- Traffic or surveillance footage from cameras at nearby businesses
Police Report
The police should be called to the scene of any serious crash. They will make a report of the accident scene, which will be given to each driver. The report will list each driver’s name, contact information, and insurance details. Even so, it’s recommended that both parties trade information with each other, too.
This report can also contain a wealth of information that could help determine fault in the accident. It may include the officer’s observations and opinions about what happened. It will also have a record of any traffic violations and tickets that were issued. These details could be key in telling a complete story of the accident aftermath.
Witness Statements
When involved in an accident, it is important to talk to anyone who may have seen what happened. Even if witnesses didn’t see the entire event or saw it from a different angle, their testimony could become valuable in proving the guilt or innocence of the parties involved.
If a witness can stick around until the police arrive, their statement may be included in the official police report. Ask for their name and contact information in case it’s necessary to follow up with them later.
Gathering evidence from the accident scene and consulting with a personal injury attorney can help make a significant difference in the outcome of a personal injury claim. Hipskind & McAninch, specializes in personal injury law and has experience working with insurance companies to negotiate settlements. They can also assist by interviewing witnesses and collecting and organizing information that is important to determine fault for your car accident claim.
Breaking Traffic Laws
If one driver gets a traffic ticket as the result of a car crash it may be an indication of their fault. It could help the victim prove they did not cause the accident. But that’s not always the case. The ticket could be for something like not wearing a seatbelt or an expired license, neither of which caused the accident.
On the other hand, if an at-fault driver was speeding, distracted, changed lanes illegally, or was driving under the influence, that could certainly have been to blame, or at least contributed, to a crash. An attorney can not only help in deciphering traffic laws and vehicle codes but also in communicating them clearly and correctly to the insurance company.
In some instances, both drivers might get tickets at the scene. If that occurs, the victim may need to fight the ticket as part of the attempt to prove they were not at fault. Again, hiring an attorney is the best solution for a successful outcome.
Can Someone Be Partly At Fault in a Car Accident?
Responsibility for a car accident is handled differently depending on the state. As we mentioned, some states are no-fault states, meaning each driver’s insurance pays his or her own claim, regardless of who was to blame for the accident.
In Missouri and Illinois, it does matter who caused an accident, but even then, there is a difference in how claims are paid.
Missouri is known as a pure comparative negligence state. This means that insurance companies settle claims based on the percentage of blame each driver has in an accident. For example, let’s say both drivers made mistakes that resulted in a crash. If one driver was found to be 20% responsible and the other was 80% to blame, the amount of the first driver’s settlement would be reduced by 20%—meaning they would only receive 80% of the total amount of the claim.
In Illinois, unless the drivers are equally to blame, the person who is most at fault in a car accident shoulders 100% of the liability. It is a modified comparative negligence state. So, in the same scenario, the driver who was 80% responsible gets nothing, while the other driver would receive 100% of the settlement.
Be Cautious About What You Say
In the chaos following an accident, stress can make people say things they shouldn’t. Some may get angry at the other driver. Others might apologize — even if they’ve done nothing wrong. Victims, especially, need to be careful about what they say in these emotionally charged situations. Statements like “I didn’t see your car,” or “I looked away for a second,” could be misconstrued or even purposely twisted to place blame on an innocent person.
After an accident, aside from providing contact and insurance information to the other driver, it’s best not to make any additional statements. When speaking with police officers, stick to the facts and answer questions honestly. Don’t be evasive or withhold information, but avoid saying anything that could potentially prevent proving you are not at fault.
It is also important not to talk to the at-fault driver’s insurance company before speaking to an attorney. Statements to insurance adjusters could be taken out-of-context, or a victim may inadvertently agree to terms of an unfair settlement. Legal advice before making any official statements can help the chances of winning full compensation.
A Car Accident Attorney Can Help Prove You’re Not At Fault
Following a car accident, there are critical steps you must take in order to prove you are not at fault. Gathering evidence, contesting any traffic violations, and being wise with your words can determine the outcome of your case and how you are compensated.
At Hipskind & McAninch, we can help you gather evidence for your case, negotiate with insurance companies, and advise on the personal injuries you sustained.
Insurance companies are incentivized to resolve these matters quickly. Even if you are offered a settlement, it’s likely that the amount will not cover the full amount of vehicle damages or medical expenses. Before signing any release or waiver, you should contact an attorney to ensure you are being fairly compensated.
Work with our team to ensure you receive the full compensation you are entitled for any injuries and car damage following an accident.
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