Proving Fault in a Car Crash

Proving who was responsible for a car accident is one of the most pivotal parts of your personal injury case, as your ability to recover compensation for damages you have sustained hinges on this decision. While who is at fault may be blatantly obvious to those on the scene of an accident at the time, that’s rarely enough for insurance companies, who frequently do everything they possibly can to protect their policy holder and their bottom line at the expense of other accident victims.

Proving fault is a matter of demonstrating negligence on behalf of the party at fault, meaning they acted in a way that was careless, reckless, or otherwise endangered others. When a party is negligent and an accident happens, they are most likely going to be considered at fault and be held responsible. There are several ways an attorney can prove fault, which we examine on this blog.

Police Report

If the police come to the scene of an accident, they will likely file an official report about the incident that will be used as evidence by all insurance companies involved. These reports generally contain substantial information about an accident, including the length of skid marks, the site of impacts, witness reports, and more. Officers generally come to accidents where people have been injured, but sometimes will take statements for non-injury accidents as well. If the police don’t come, it’s a good idea to report the accident to the police station so one of these official reports can be filed.

State Traffic Laws

If the other driver was operating their vehicle in a way that was in violation of any of the vehicle codes, odds are greatly in favor that the other driver was at fault as a result of these actions. Any violations of vehicle code will likely be listed in a police report as a citation, and witness testimony can often corroborate these stories.

Witness Testimony

Insurance companies on both sides will likely look to get a statement of the facts of the incident from all parties as soon as possible after the accident. If you have recently witnessed or been involved in an accident, you may get a request for both your and the other person’s insurance company. The best thing you can do for your case is to be as honest and detailed as possible, with as many facts as you can. From there, insurance companies compare statements and attempt to piece together the story to the best of their ability.

If you have been involved in a car accident, having an experienced Clearwater car accident lawyer in your corner can also help you prove negligence on behalf of another party and work to get you the compensation you need for the damages you have sustained. Attorney Bryan D. Caulfield, Esq. has earned numerous accolades and awards for his excellence in client satisfaction and dedication to ethical practices, including a perfect 10.0 Superb rating from Avvo, recognition from Super Lawyers, and the title of Board Certified Civil Trial Attorney from The Florida Bar.