Car crashes are very terrifying. Furthermore, they are dangerous as well. Therefore, you must know how to prove you are not at fault in a car accident to eliminate additional stress. Unfortunately, it is not so easy to identify who was at fault. The responsibility lies on both the drivers. However, it is possible one’s negligence was more than the other, leading to the crash.
According to the Census of Fatal Occupational Injuries, car crashes are the first or second leading cause of death. If you have witnessed or experienced a car accident, you will need legal assistance to prove your innocence. However, you must also understand what being at fault means.
Table of Contents
Who Is at Fault?
Fault is a common term used in injury law to define the person responsible for the damage. For example, the person at fault in a car accident caused damage and injuries to the other party. If you wish for compensation, you will need to prove the following in addition to your behavior being non-fault:
- Firstly, the law insists that the party prove they were careful, be it a passerby, a driver, or a bicyclist.
- The other driver was not careful
- The reckless behavior caused injuries
- The carelessness damaged your property and vehicle.
For the sake of the discussion, the content below focuses on proving how the other party was careless. A negligent driver does what they are not supposed to do, such as speeding or failing to apply breaks. Another example is driving through a stop sign. Here are some ways how to prove you are non-fault in a car collision.
How to Prove You Are Not at Fault in a Car Accident
Capture Videos and Images
The top strategy on how to prove you are not at fault in a car accident is recording the scene. Many victims prefer to take images and videos as soon as they are in a car accident. Assuming that the victim is injured, they can ask for a witness or a passenger to capture the series of events.
In the eyes of the law, pictures are crucial to proving non-fault. The images will tell the story of the car accident from different angles. Moreover, it describes the car accident before the cars are fixed up. You must also take pictures of signs, intersections, turn lanes, or hills.
Browse the Police Report
Another way how to tell who is at fault in a car accident is the police report. You must contact the police immediately as soon as you fear an accident. Even though you have been trying to stay awake while driving at night, and the recollection might be foggy, the police will help you immensely. They will note the insurance details, contact info, and the driver’s name.
The accident report has a lot of information that can prove the victim was not at fault for the collision. The police document will mention the observations and opinions about the events. Moreover, it will have the violations and tickets the police issued to the drivers.
Tickets and Fines
You cannot rely on tickets for how to tell who is at fault in a car accident. Most of the time, police will issue a ticket for an expired license or a broken light that did not cause the collision. However, penalties are severe for:
- Driving over the speed limit
- Driving in the long lane
- Driving under influence
- Underage driving
The police may issue tickets to both drivers involved in the accident. If this happens, the victims may need to hire a lawyer who will prove that the ticket does not represent their stance. However, the lawyer must be experienced to ensure a favorable outcome in the case.
Witness Accounts
Witness reports carry a lot of influence on how to prove you are not at fault in a car accident. Whenever someone finds themselves in a car accident, it is essential to collect witness accounts. The individuals who saw the events in real-time will save you from legal penalties. You can convince them to stay until the police arrive so their testimonies are included in the report.
The police will ask for their names and contact details for follow-up questions. It is okay if the witnesses did not view the entire accident. Nonetheless, their testimonies are crucial in identifying who is innocent and who is the guilty party.
Dialogues and Communication
In all the chaos of settling a car accident without a lawyer, you may say something you shouldn’t have. The drivers could be angry, confused, unsure, or anxious. On the other hand, some drivers will apologize and call for an ambulance even though the accident was not their fault. Yet, you must be careful about what you say, as statements can be misinterpreted.
The only information you need is the name, contact, and insurance details of the other driver. In addition, mention factors and answer honestly when the police arrive. Do not communicate in long paragraphs. Be precise.
Know the Traffic Laws
The traffic laws vary in different cities and states. They have different rights of way, violations, and speed limits. Therefore, knowing about the local laws will give you a better idea about who was at fault. It saves you time and money from meeting with a lawyer as well.
Whether the collision involved breaking a red light or a wrong turn, you can think of the solution after researching. Furthermore, knowing about the laws will help you prove the case so you are adequately compensated.
What to Do if You Are in a Car Accident?
For more information on what happens if I’m at fault in a car accident, you will need to hire an expert personal injury lawyer. The legal mind will give you a step-by-step guide on how the events will proceed in the future. They will present different options to their clients and mutually decide on the best step forward. If the state laws believe in assigning partial blame, you will need the help of a lawyer even more.
