How Do I Prove the Other Driver Was at Fault?

In representing a car accident victim, our lawyers seek to let no stone go unturned in pursuit of proving our client’s case. Below are some of the sources in which critical evidence can be gathered or identified following an accident:

• Police report: It is recommended to call the police after an accident takes place, and in some states, it’s the law. Responding law enforcement, which could include your local police department, sheriff’s office, or state highway patrol, will be able to secure the scene and call for aid if needed. Further, officers can speak with the parties, obtain statements from witnesses, take measurements, and take photographs. Citations for fault can also be issued. All of this information should be contained in the official police report.
• Crash location: The scene of the wreck often contains valuable clues. In cases where fault is contested, expert witnesses and accident reconstruction experts may be retained to visit the scene. Physical evidence, including skid marks and the condition of the road, can provide valuable insight into actions like braking and turns, both of which could have affected what happened. Depending on your state’s comparative negligence rules, your claim could be denied if you are not able to collect all relevant evidence in a timely manner. For example, if you were injured in a wreck in Memphis, our Memphis car accident lawyers can consult with experts and investigators who can travel to the accident scene immediately to begin surveying it.
• Physical damage to the vehicles: Knowing where the impact took place can go a long way in proving how the wreck happened. After an accident, inspecting the physical property damage can suggest information including force of impact and location of the cars immediately prior to impact. For example, in intersection crashes, the exact point of impact can be used to suggest that one car had the right of way. Photographs of property damage can be useful in documenting the harm done to your vehicle.
• Witnesses: Independent witnesses play a critical role in the success of a personal injury case. Even if you see a witness talking to the police officer, you should still obtain that person’s name and contact information in case he or she gets left off of the police report by accident. Our car accident attorneys seek to interview witnesses as quickly as possible to take their statement, as memories can fade as time goes on.
• Criminal proceedings: If the defendant driver was charged with a crime at the scene, such as driving under the influence of alcohol (DUI), he or she may be prosecuted through criminal court. The prosecution can take place while your civil claim with the insurance company remains pending. It will be important to monitor the drunk driving criminal proceedings, as evidence obtained in that case could be used in your civil case against the drunk driver and his/her insurance company.