How to Prove Fault in a Car Accident: Key Evidence and Legal Tips – Guest Post

Traffic crashes killed around 29,135 in the first nine months of 2024, according to the National Highway Traffic Safety Administration. This is a drop of a further 4.4% over the corresponding period in 2023.

Whittier car accident attorney Ilan Heimanson says that having the right evidence and legal strategy is important if you want to achieve the outcome you deserve. This is applicable to all legal interactions, whether with insurance companies, law enforcement, or the courts.

This article will highlight the steps to undertake after an auto accident and blame assignments. 

Collecting eyewitness accounts

Collecting accounts is important after whatever these incidents are-an accident has happened-to establish who is truly guilty/faulty about the accident.

Approach those who saw and heard what transpired or witnessed the incident. If possible, obtain their testimonies to support your claims. Politely ask for their personal information and see if they’re willing to give a short summary on the event. 

Car accident lawyer Bobby L. Bollinger advises keeping a record of events, including the time and location, along with any relevant details mentioned. It is preferable to have written documentation for accurate information. 

Eyewitnesses forget a lot over time so it is advisable to act quickly and extract information from them. The more reliable accounts you gather, the better the chances of your case having a favorable result.

Analyzing Police Reports

Once eyewitness accounts have been collected, the next step is to analyze the police report. The report itself is a significant document that can help identify liability. It contains all indicators regarding the accident, including the officer’s observations, vehicle positions, and even whether citations were issued and to whom.

The police report contains the officer’s observations and might indicate who is liable. Any sketches would help visualize the dynamics of the crash.

Witness Statements to Support Your Case: Go through the report for any witness accounts that could support your claim. Always check the police report for errors. 

Taking pictures is an effective way to collect evidence

with which one can prove who was on fault in the highway crashes. Snap clear-as-glass and detailed photographs of the scene, including all vehicles involved, their position, and damage in each vehicle. 

Photographs of signs, signals, and skid marks give the accident its full context. Don’t forget to take weather and visibility conditions into account to give more context about the accident. 

Photographing the accident scene from many vantage points helps provide a complete picture of the scene. If there are witnesses, obtain pictures with their consent.

Collecting pieces of evidence in a thorough and well-organized manner can help your case. Every detail matters in proving fault.

Reviewing Traffic Camera Footage

Search for any traffic camera footage that can strengthen your case. Surveillance footage can give a clear view of how the events unfolded before the accident, including the actions of both drivers.

Traffic camera footage is usually not readily available, so you may need to contact local authorities or the traffic department to gain access to it. 

Surveillance footage usually gets deleted or overwritten within a given time frame so it is advised to act as soon as possible. Study the footage you obtain carefully for matters such as vehicle speeds, signals indicating traffic violations, etc. The results of your analysis can significantly make establishing fault easier and help support your claims. 

Understanding Insurance Company Procedures

Each insurance company has its own procedures for handling claims, thus it would be useful for you to learn and understand how to file or make a claim. Usually, the insurance claim is initiated by the policyholder after giving notice to the insurance company of an accident After reporting the incident, you must share every detail you have regarding the accident. Be ready to submit evidence, including photographs, witness statements, and police reports.

Investigations will be carried out by the insurer, which may also involve talking to the other party’s insurance company. The insurance company will determine fault using your evidence.

Always maintain complete records of all correspondence. If necessary, follow up on this. If they delay or answer your claim with a rejection, you may opt for an attorney to assist contesting the claim. Getting a lawyer for you is a safeguard for your rights as well as the chance to recover economic damage from the auto incident.