After a car accident, the question of who was at fault can make all the difference in the world. Fault decides who pays for damages, medical costs in some instances, lost wages. But to prove fault, you need some evidence. If you don’t do it, a court or your insurance company may well not decide for you. Follow along as we break down how to prove fault after an accident and what evidence is useful.
Start with the Police Report
The police report is often key to deciding blame. When police get to the scene, they talk to drivers, passengers, and any witnesses. They jot down what they see, describe the damage, and often identify who they believe caused the accident. And this report is also crucial as evidence if you file an insurance claim or choose to sue.
Even if the officer didn’t give the driver a ticket, what they observed is still significant. So don’t forget to grab the report once it’s out. If you don’t know how to access it or understand what it says, just get in touch, because we can interpret it for you and help you build your case with it.
Leverage Photos and Videos to Your Benefit
In today’s world, pictures and film are often the best evidence. Immediately after the crash, photograph the damage to all vehicles, the road, any traffic signs or signals, and any skid marks or debris. These visuals can tell a story that words frequently cannot.
Dashcam footage, surveillance cameras from nearby businesses, or doorbell cameras can also give clear evidence of what transpired. And if you need assistance gathering this type of evidence, we know where to find it. To begin, schedule a consultation with us.
You May Need Witnesses to Build Your Case
Independent third-party witnesses can be significant. If anyone witnessed the crash and is willing to give a statement, that’s huge. There is nothing in it for them, so insurance adjusters and judges generally take them at their word.
Be sure to collect the names and information of any witnesses at the scene. We can always go back and get their official statements later. We know how to take the deposition of witnesses in a way that will help your case. To learn more, visit our Car Accidents page.
Hire an Accident Reconstruction Expert
At times, fault isn’t immediately clear, particularly in multi-car accidents or when drivers present differing accounts. That’s where accident reconstruction experts play a role. These experts study the scene of the crash, vehicle damage, and physical evidence to reconstruct what occurred.
An expert witness costs from $2,000 to $10,000 to retain, depending on the case. That’s a lot, but if their report helps get you compensated for medical bills or lost wages, that value comes into focus. If you’re wondering about whether you have a specialist-level problem, don’t hesitate to contact us — we’ll help guide you in the right direction.
Your Medical Records and Treatment are Important Too
Remember, how you deal with your injuries after the accident can also be used to help prove fault. Your medical records prove when you sought assistance, what you were treated for, and how serious your injuries were. If you delay seeing a doctor, insurance companies can claim you weren’t hurt in the crash.
Be sure to adhere to all recommendations for treatment and maintain copies of all records. If you are struggling to help us obtain these documents, we can ask for them and structure your case.
The Crucial Importance of Proving Fault
It’s not just about pointing the finger. It directly determines whether or not you will receive a payout for car repairs, medical expenses, lost wages, and even pain and suffering. Once the fault is established, liability is then transferred to the other party’s insurance.
But still, collecting and presenting all the evidence you need can be a bit of a hassle. That’s when an experienced car accident lawyer in New York can make all the difference. With the Law Office of Olena Manilich, we advocate to ensure that your case is strong. If you are the victim of an accident, schedule your consultation today!
