How Do You Prove Liability in an Auto Accident?

May 7, 2015 @ 8:34 pm

It is important to prove who is liable for an auto accident for compensation purposes. Consequently, concrete evidence is needed in order to determine who is the negligent party. In order to verify verbal accusations, irrefutable evidence will need to be acquired.

Police Report

This report will have pivotal evidence officially declaring which driver is liable. Liability may be based on a driver’s improper lane change, failure to yield, etc. The police report will also declare which driver was ticketed in the accident.

Eyewitness Testimonies

Witnesses’ written testimonies corroborating who is liable for the accident is an invaluable form of evidence. However, do not solely rely on these statements to prove liability, as these could be insufficient evidence and deemed as hearsay.

Photographs of the Scene

If possible, acquire photographs taken by the police or, if you are able to do so yourself, take photos of the accident to present an accurate depiction of events. The photographs will help ascertain who is liable.

State Traffic Laws

In order to prove liability, it is important to base negligent driving on the state’s traffic laws. The only way to prove fault is to determine the other driver’s inability to follow cited traffic laws.

Red Light or Other Cameras

Nowadays, there seems to be cameras at every intersection or red light. Most of these cameras are not only able to photograph events but can also log speed. The cameras are also time-stamped, which is additional irrefutable proof when and where the accident took place. Acquiring this information is not impossible, but it may not exactly be simple. However, it is definitely worth the effort if additional evidence proving liability is needed. If so, call the local government office for direction.

The key to remember is that you need to provide a timeline of consistency. This means all evidence needs to point in the same direction and cannot be refuted. Once you have collected sufficient evidence, it is best to contact a personal injury attorney to help you properly navigate the case with insurance companies.