According to data collected by National Highway Traffic Safety Administration (NHTSA), 66% of car crashes involve alcohol-impaired driving. This means that if you are involved in a car accident, chances are the other driver is on the wrong side of the law. As the party filing a claim for compensation, the onus to prove liability lies on you. So, how do you do that? Well, here are a few tips on how to prove liability in a car accident.
Look for Any Form of Traffic Violation
The car accident likely happened because the other party broke one or more traffic rules. If it becomes obvious that they were legally in the wrong, it will be much easier to prove that their negligence led to the accident.
For example, if you can prove that they were disobeying the speed limits, running a red light or the stop sign, or failing to yield the right way, you can easily prove their liability. These traffic violations quite often lead to car accidents. You can look up the motor vehicle statutes to find the correct language to communicate the traffic offense. That will make it easier for you to prove liability.
Collect Any Concrete Evidence
Taking pictures and clips of the scene of the accident is another way to strengthen your claim. That will help you prove the wreck, plus it can also act as evidence and prove no-fault during a case. Often, accident scenes clean up easily and leave little concrete evidence to prove the claims made by the parties involved. That makes it necessary to document damage immediately after the car accident to prove liability. So, take pictures documenting any damage on the vehicles, the position of the vehicles after the accident, the people involved, the weather, and more. If you sustain bad injuries and cannot take photographs, you can seek assistance from a bystander as that will act as critical evidence later.
Tip: Take care of your health first before documenting any evidence. Remember, a medical report will also help you prove your claim.
Get a Qualified Car Accident Lawyer
Any sort of accident, minor or major, can have a lasting impact. You might incur injuries that will lead you to hospitalization, and that might make it difficult for you to lay or defend your claim. That is where highly skilled car accident lawyers come in handy to help your case. An experienced car accident lawyer will assess your case, prepare your claim and assist you on the dos and don’ts as you seek justice, etc. Top accident attorneys understand the law better. They will work hard to prove any liability and defend your rights.
Get a police report
If the car accident you are involved in results in any physical injuries or vehicle damage, you should immediately alert the police. When the police arrive at the accident scene, you should give all the details of the events that led to the accident. The police will then create an official report that can be used later on as evidence in court and prove liability to the negligent driver’s insurance or a court for that matter.
If a police officer does not come to the scene, make an effort to visit a police station and record a statement with them regarding the accident. Getting the police report is one of the smart things you can do after an accident, as it will help back any claims you make. The police report will also include important legal notes on the incident. The insurance company or a court-involved will rely on this report as they assess your claim.
Know the No-doubt liabilities
The no-doubt liability accidents are types that are relatively much easier to prove fault. For example, a rear-end collision accident is considered a no-doubt liability accident. As per traffic laws, any qualified driver is supposed to keep a safe braking distance. If your car is hit in a rear-end accident, it will be easier to hold the other driver accountable.
A left-turn collision is another of these types of accidents. When making a left turn, it is the driver’s responsibility to be aware of any oncoming vehicles. For example, if you drive straight down the road without making any turns and a car hits you, it will be easier to prove liability.
Tip: No doubt liabilities might look easier to prove on paper, but you might still need legal help when liability isn’t clear cut.
When a car accident occurs, you might need to prove that the other driver was in the wrong. You can do so by determining the traffic rules that were violated. You can also collect crucial evidence by taking pictures at the scene of the accident. Better even, you can contact a lawyer to help you in the process of proving liability. A good accident lawyer will work hard to help you seek justice on injuries and any damages incurred.