Involved in a car accident? Wondering how to prove that the other driver was at fault?
As you might have guessed, approximately 6 million car accidents occur in the U.S. every year. Proving who caused the crash has become one of the most critical aspects of making a successful claim.
However…
Insurance companies won’t just pay up because you say the other driver caused the collision. You need to have the evidence to support your case.
Don’t worry, though, there are strategies you can use that have been proven to work when it comes to establishing fault and winning your claim.
In this guide, we will cover the following topics:
- Defining Fault in Car Accidents
- The 4 Elements You Need to Prove
- Evidence that Really Helps Win Cases
- Working with Car Accident Attorneys
- Common Challenges in Proving Fault
What Does Fault in Car Accidents Mean, Exactly?
Fault in a car accident means responsibility for causing the crash.
When you’re proving fault, you’re demonstrating that the other driver’s actions were the direct cause of the collision. That matters because in most states the at-fault driver’s insurance company pays for the damages.
But here’s the thing…
Fault in car accidents is not always clear cut. Sometimes more than one driver is partially responsible. And that’s why it’s crucial to have a strategy in place.
The Basics: 4 Elements of Negligence
Curious about what makes a solid case different from a weak one?
You need to prove four specific elements of negligence. Every experienced Buffalo car accident attorney understands that these four elements of negligence are the foundation of any successful Buffalo car accident legal services claim. Without all four, your case will likely not hold up.
Here’s what you need to prove:
Duty of Care
All drivers on the road have a legal responsibility to act in a reasonable manner. This means obeying traffic laws, paying attention, and driving safely. This isn’t complicated – a driver owes all other drivers a duty to drive in a reasonable way.
Breach of Duty
The other driver failed to act as a reasonable driver would. Examples include running a red light, speeding, texting and driving, or driving under the influence. They breached their duty to you and other drivers on the road.
Causation
The breach of duty directly caused the accident. In other words, the accident would not have occurred if the other driver had not violated their duty of care. This can be the trickiest part of proving fault.
Damages
You suffered actual damages as a result of the accident. Injuries, property damage, lost income, and pain and suffering. Without damages, there is no case even if the other driver was clearly at fault.
Evidence that Can Win or Lose Your Case
Here’s a little known fact…
The evidence you gather in the first few hours after an accident can be worth thousands of dollars. With traffic fatalities declining to 39,345 in 2024 thanks to more accountability, knowing what matters to insurance companies matters than ever before.
Police Reports
You might be surprised at the power of this document.
When police officers are called to the scene of an accident, they will investigate and file an official police report. The report includes their observations and statements from drivers and witnesses. Often the police will also make a determination of who violated traffic laws in the report.
Insurance companies will take this seriously, a report clearly stating that the other driver ran a red light will be given a lot of weight.
Photos and Videos
Visual evidence is like telling a story with photos.
Take photos of the damage to all vehicles involved, skid marks, road signs, road conditions, and injuries. Look for dashcam footage or nearby security camera video. The position and extent of the damage can help prove exactly how the accident happened.
Rear-end damage nearly always proves that the following driver was at fault.
Witness Statements
An unbiased third-party witness is a goldmine for your case.
Their accounts of what happened can help confirm your version of events and dispute false claims from the other driver. Get contact info from witnesses at the scene and ask if they’d be willing to provide statements later.
Medical Records
Your medical records will show the extent of your injuries and link them to the accident.
See a doctor as soon as possible after the crash – even if you think you’re not injured. The longer you wait, the more insurance companies will have the opportunity to claim that your injuries aren’t serious.
Physical Evidence
Don’t overlook the actual accident scene when it comes to evidence:
- Skid marks that show braking distance and patterns
- Debris field to show impact points
- Damage to guardrails or other property
- Weather and road conditions at the time
- Traffic signal timing records
Why Expert Testimony Can Help
Sometimes the evidence you have needs an expert to explain it.
Accident reconstructionists use physical evidence such as skid marks, vehicle damage, and the final resting positions to recreate exactly how the accident happened. Medical experts can testify about your injuries, how the crash caused them, and what treatment you’ll need.
The Insurance Company Investigation
Believe it or not…
The insurance company will do their own investigation in an attempt to pay as little as possible.
The insurer will be looking at things such as:
- Accident scene photos
- The police report
- Witness statements
- Your medical records
- Vehicle damage assessments
- The recorded statement you gave them
That last one is key. Insurance adjusters often try to get you to give a recorded statement right away. The hope is that you will say something that will hurt your case. Never do this without first talking to an attorney.
Common Challenges in Proving Fault
It doesn’t always go smoothly. Some common challenges you might face include:
Conflicting accounts: If both drivers give differing accounts of what happened, strong evidence becomes even more important to prove what happened.
Shared fault: Many states allow for both drivers to share partial fault. You will see your compensation reduced by your percentage of fault.
Lack of evidence: If there are no witnesses, photos, or substantial vehicle damage, proving fault becomes much more difficult. Which is why evidence gathering is so critical right after an accident.
How Attorneys Build Your Case
Why do car accident lawyers bring value? Professional car accident legal services have experience that can make a difference.
An experienced attorney knows exactly what evidence to gather and how to present it to insurance companies. They do a much more thorough investigation, interview witnesses, work with experts, and handle insurance negotiations.
They will also know how to:
- Accurately value your claim including future expenses
- Fight unfair determinations of fault
- Handle state specific negligence laws
- Take your case to court if necessary
Insurance companies deal with the public and adjusters on a daily basis. They know all the tactics that insurance adjusters will use.
What To Do After an Accident
The actions you take immediately after an accident will set the stage for your entire case.
Call the police and get them to file a report. Seek medical attention immediately. Document everything with photos. Get witness contact info. And most important – don’t admit fault or give a recorded statement without first talking to an attorney.
Insurance companies are businesses in the business of paying out as little as possible. They are not on your side even if their insured driver clearly caused the accident.
Conclusions
Winning your car accident claim by proving fault comes down to evidence and representation.
The more thorough your evidence collection and the stronger your legal representation the better the chances that you will receive full and fair compensation. Everything from the police report to witness statements to expert testimony can make a difference.
You don’t have to go through this process alone. There’s so much at stake financially and medically. Working with professional car accident legal services ensures that you are treated fairly. The difference between handling a claim yourself vs. working with an attorney could be thousands of dollars.
Act now to protect your rights and build the strongest case possible.