Proving fault in a car accident case isn’t just about telling your side of the story; it’s about presenting solid evidence that can stand up in court. When two drivers collide, it’s common for each to have a different account of what happened. Gathering the right evidence will allow you to build a strong case and prove that your account is the correct one, and your car accident lawyer will help you get (and use) just what you need.
First and foremost, the police report is key. Whenever an accident occurs, the police should be called to the scene quickly, and they will document what happened. They talk to the drivers, interview witnesses, and note any traffic violations, and while their determination of fault isn’t final, since they review accidents regularly, they have a professional opinion about the evidence they see that courts and insurance companies will take seriously.
Additionally, the report they compile will have details like the location of the accident, weather conditions, everyone’s names and info, and any citations they issued. This alone makes it valuable as an official document created by an impartial third party.
Eyewitness testimonies are important in proving fault, and the people who saw the accident unfold can provide accounts that support your version of events. They may even be able to provide information that you’re lacking. Maybe someone will have noticed the other driver speeding or running a red light, for example, when you didn’t notice these things from your vantage point.
These firsthand observations can help paint a clearer picture of what happened, especially if the witnesses are neutral third-parties. It’s important to get the contact information of any witnesses at the scene so they can provide statements later on.
Photographs taken at the scene offer visual evidence that can be extremely persuasive. Pictures of the damage to the vehicles, skid marks on the road, the weather conditions, or the positioning of the cars immediately after the collision can all provide clues about how the accident occurred. If you’re able, take photos from multiple angles and distances. These images can help accident reconstruction experts determine factors like the speed and the direction of travel of the vehicles involved.
Speaking of experts, accident reconstruction specialists are just one of the experts who may be able to help you prove fault. They can analyze the evidence to recreate the incident and use their knowledge of physics and engineering principles to help the court or an insurance company understand things like vehicle speed, braking patterns, and points of impact. Other experts you might work with could include medical experts of various kinds and potentially even weather or vehicle experts, depending. Your car accident lawyer will have a network of experts to call upon who can help.
If you were injured in the accident, documentation from doctors and hospitals will be used to link those injuries directly to the collision. These records show the extent of your injuries, the treatment that was required, and any long-term impacts the injury is having on your health. This information helps prove fault and also supports your claims for damages related to your medical expenses as well as for pain and suffering.
Physical evidence from the scene like debris from the vehicles, damaged personal items, or even evidence of bad road conditions will all be helpful for you to have. For example, if a broken traffic light played a role, it’s very important to get evidence of this malfunction right away, before it can be fixed. You may need that to bring a lawsuit against a city rather than another driver, for example, if the city is at fault for not repairing a light. Physical evidence can also sometimes reveal details that aren’t apparent in photos or witness statements.
Most modern vehicles are equipped with event data recorders, which are often referred to as “black boxes.” These devices record a vehicle’s speed, brake usage, and other operational data and should be able to tell everyone what the vehicle was doing just before the crash. This data offers objective insights that can’t be denied and could help you. For example, if the other party denies they were speeding, the black box will show that they were and by how much.
Surveillance footage from nearby businesses, traffic cameras, or dash cams might also have captured the accident. This kind of video evidence provides an unbiased account of the incidence, so if you think there’s a chance a camera might have recorded the incident, act quickly to obtain the footage. It might be overwritten after a certain period, so talk to your lawyer immediately.
Your own statements and actions after the accident will make a difference in determining fault. For this reason, you need to be cautious about what you say at the scene and to insurance companies later on. Admitting fault, even casually, can be used against you: even saying “I’m sorry” can be misconstrued as an admission of fault, even if all you mean to do is express sympathy for another person. Stick to the facts when discussing the accident, with the police, the other driver, and with the insurance company, and consult your attorney before giving any official statements.
Remember that the insurance company will conduct its own investigation, and it won’t have your best interests at heart. They may try to minimize your payout by disputing fault or downplaying the severity of your injuries. Having thorough evidence helps counter these tactics. Always ask for your legal representative to be present at all interactions with the insurance company to ensure your rights are protected.
Missouri is an at-fault state, meaning the entity responsible for an accident is responsible to pay everyone’s damages. To prove the other driver was at fault, you’ll need to show that they owed you a duty of care, they breached that duty, and that this breach caused your injuries. For example, all drivers have a duty to follow traffic laws, so if the other driver was texting while driving or ran a stop sign, they breached their duty of care. But you’ll also have to show that this breach caused the accident, that the accident caused you harm, and precisely what that harm is.
Missouri also has a “comparative negligence” rule, and this will very much impact the amount of compensation you receive, which is why it’s so important to collect evidence and prove fault. You can only recover damages in proportion to your fault, so if the insurance company can argue that you’re 30% at fault, they can pay you 30% less. Expect the other side to fight hard to minimize their fault and maximize yours.
Diligently collecting and preserving evidence will mean you have a strong position when negotiating with insurance companies or even presenting your case in court. And remember that it’s about more than just having evidence: it also has to be used correctly, and that’s where your lawyer comes in. Contact Wendt Law Firm P.C. in Kansas City and Camdenton, MO today for a free case evaluation.