Car accidents are unexpected and stressful events, often leaving drivers unsure about what to do next. Naturally, determining fault is one of the most critical steps after a collision, as it directly impacts liability for damages and potential legal consequences.
But sometimes, it is difficult to determine exactly who is responsible for an accident, and wrong accusations may happen. If you’re accused of causing an accident but believe you’re not at fault, proving your innocence can feel daunting.
However, understanding the factors that establish liability and knowing how to gather evidence can make all the difference. This article outlines how fault is proven, what to do if you’re accused, and the steps to document damages effectively.
In any car accident, liability is determined by establishing which driver violated traffic laws or otherwise acted negligently. Proving you are not at fault requires understanding the key factors determining responsibility, including state-specific traffic laws, witness statements, and physical evidence.
Here are the primary elements used to assess fault.
Traffic laws provide the foundation for assigning fault. Violations such as running a red light, failing to yield, or following too closely are clear indicators of negligence.
Law enforcement officers and insurance companies rely heavily on these violations when determining responsibility. To accurately determine whether you have committed a traffic law violation, they typically have to consider state law and police reports.
State law, for instance, is crucial because different states have specific rules, such as variations in right-of-way regulations or how yellow lights are interpreted.
In Michigan (Mich. Comp. Laws. § 267.612(b)) and Oregon (Or. Rev. Stat. § 811.260(4)), for instance, drivers ought to stop when facing a yellow light and only drive through when it is unsafe to stop; but in other states like Illinois (625 Ill. Comp. Stat. § 5/11-306) and Pennsylvania (75 Pa. Cons. Stat. § 3112), drivers are encouraged to proceed through as long as it is safe to do so.
Police reports are also important because they detail the investigating officer’s findings regarding the accident. Claim adjusters heavily rely on them to determine which party should be liable for the accident.
And while you can still contest the validity of a report in court, once the report names you liable, it may unnecessarily lengthen the claims process. Therefore, try as much as possible to cooperate with investigating law enforcement officers and provide them with all the helpful information you have.
The scene of the accident often holds clues about who is at fault. The clues include:
Witnesses can also corroborate the physical evidence. Their accounts are especially helpful if they’re impartial third parties, such as pedestrians or other drivers who were not involved in the accident.
Being accused of causing a car accident can be intimidating, especially when you’re sure you weren’t responsible. Taking the following steps can help you ensure you protect yourself and build a strong defense.
Immediately after an accident, emotions run high, and it’s natural to express concern. However, avoid apologizing or making statements that could be interpreted as admitting fault. Even saying “I didn’t see you” might be used against you later.
Provide accurate information to the police and answer their questions honestly. However, stick to the facts and avoid speculation about what might have caused the accident.
Report the accident promptly, providing only factual information. If you believe the other driver was at fault, explain why, and share any supporting evidence.
If you’re formally accused of being responsible for the accident, seek legal advice. An experienced attorney can help you navigate state laws, negotiate with insurance companies, and gather additional evidence to support your case.
Proving you are not at fault also involves documenting the damages caused by the accident. This includes physical injuries, property damage, and even emotional distress.
On-scene photographs and video evidence are invaluable in documenting damages. Be sure to capture:
Get an estimate from a certified mechanic or repair shop. Their evaluation of the damage can provide insight into the severity of the impact, which may align with your account of the crash.
Even if you feel fine after an accident, see a doctor to rule out internal injuries or delayed symptoms. Medical records are critical in documenting any injuries related to the crash.
Maintain a log of all expenses incurred due to the accident, including:
If your claim that you weren’t at fault is disputed, the evidence you gather will play a crucial role in proving your case. Below are tips on how to effectively leverage your evidence.
Review their statements for contradictions or inaccuracies. For example, if they claim they had the right of way but witness testimony suggests otherwise, this can work in your favor.
In more complex cases, accident reconstruction specialists can analyze evidence such as skid marks or vehicle damage to determine how the crash occurred.
Dashcam footage or telematics data from your car can provide an unbiased account of the accident, such as the speed you were traveling and when you applied the brakes. This technological evidence could be the key to proving there are inconsistencies in the narrative suggesting that you are at fault.
In certain accidents, you may actually be at fault, but only for a relatively tiny part of the accident. Without understanding how fault or liability systems work, your insurer may take advantage of your fault to disproportionately reduce your compensation.
The most important thing to remember about fault systems is that there are two types: contributory and comparative.
In contributory fault states like Alabama (ARCP Rule 8(c)) and North Carolina (Champs Convenience Stores v. United Chemical Co., 329 N.C. 446, 406 S.E.2d 856 (N.C. 1991)), if you contribute to the accident in any way, you will not be entitled to compensation.
Comparative states are further divided in two. For pure comparative states like Kentucky (Ky. Rev. Stat. Ann. § 411.182), you can still get compensated no matter how much you have contributed to the accident.
But in a modified comparative state like Nebraska (Neb. Rev. Stat. § 2-101), your liability must be less than or equal to the other party’s liability.
Understanding how fault is typically assigned in various accident scenarios can help you assess your situation.
The driver who hits the car in front is often at fault due to following too closely. However, they might share some blame if the leading driver made an abrupt or unnecessary stop.
The driver who ran a red light or failed to yield the right of way is usually blamed. Surveillance footage or witness testimony is crucial in these cases.
Drivers who change lanes without signaling or checking their blind spots are typically at fault. Dashcam footage can help prove liability.
Drivers must yield to pedestrians at crosswalks. However, pedestrians may bear partial responsibility if they jaywalk or cross against a signal.
If you’re facing allegations of fault, hiring an attorney may be necessary, especially in the following situations:
Finding a skilled, trustworthy lawyer who has successfully handled similar cases in your area can be daunting.
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If you’ve been wrongly accused of causing an accident, don’t face it alone. Contact The Accident Helpers today to get connected with a top-rated car accident lawyer near you. Remember, our services are free, so you can focus on clearing your name and moving forward confidently.