Being involved in a car accident is always a scary and stressful experience. There is confusion, shock and frequently injuries and damages with which to contend afterward. However, once the initial shock has dissipated, you will have a lot to think about, especially if you know you were not at fault. In many cases, even when you know the other driver was responsible for the accident, you may not know how to go about proving it. It is important to seek legal help in the form of a skilled attorney and know how to prove that the other driver was at fault for the accident. Here are a few things you should know for proving fault.
It is common for police to arrive at the scene of a car accident, especially if it results in injuries. Sometimes, police officers will show up even if the accident is a minor fender bender that doesn’t render anyone injured. In these instances, there will be a police report taken. However, if no police comes to the accident scene, there will still be a police report because someone will investigate the incident and make a report.
Even if no police officers came to the scene of the accident, you can go to your local police precinct and obtain a copy of the police report that was done by investigators. The report is essentially a written recollection of the accident according to the officer. Police reports can greatly help when you are trying to prove the other driver was at fault for a car accident and can help when you are trying to recover compensation for damages and personal injury. It is hugely helpful as evidence when you have to prove to your insurance company that you were not the one at fault for the accident.
Amending a Police Report
If you spot any errors in the police report, you can have them fixed. Some mistakes, such as insurance information, are easy to fix simply by showing a police officer the correct information. Other facts you dispute may be more difficult to prove. Contact the police department involved in investigating your car accident to find out the procedure used for amending a police report. It can be difficult to prove you were not at fault and that the other driver in fact was, but it’s not impossible. Always talk with a lawyer for help.
State Traffic Laws
State traffic laws, also referred to as the “vehicle code,” are very helpful in determining another driver to be at fault for a car accident. You can get a copy of the “Rules of the Road” booklet from your local DMV. There are abbreviated road rules found in the publication that can greatly help in proving when a driver violated the laws and rules of the road. Public law libraries and state government websites also provide state traffic laws. Once you have these at your disposal, you will be better equipped to prove fault to the insurance company so that you can more effectively negotiate with it.
Rear-End Collisions and Left-Turn Accidents
There are basic rules of the road that are on your side in proving another driver at fault for an accident. If you were hit from behind, it is almost always the other driver’s fault. A rear-end collision usually occurs when someone is stopped at a red light or stop sign and another vehicle hits them because they didn’t stop or were speeding.
With a left-turn collision, it is very much the same. A car traveling straight always has the right of way first, meaning the driver making a left turn is nearly always at fault. The only exceptions are if the vehicle traveling straight ran a red light or was speeding well over the speed limit. However, if the car turning left stopped suddenly or slowed down due to danger, the driver going straight could be at fault for not slowing down and striking them.
If you have been injured in a car accident that was not your fault, contact an experienced personal injury attorney as soon as possible. It will help your chances of successfully recovering compensation.