After a car crash, it is not uncommon for a driver to say that the accident happened one way and the other driver to say something entirely different. This is a typical “he said, she said” situation. Different versions of the accident can make it harder to determine who is at fault and liable for damages.
Our legal team discusses how fault may be proven when the accounts of those involved are not the same. If you have been injured in a car crash, you may be eligible to pursue significant compensation.
Contact us to schedule a free case evaluation. You are under no obligation after this initial consultation to hire our firm, but if you do, there are zero upfront fees. We only get paid if you get paid.
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Proving Fault in a Car Accident Case
When it is your word against the other driver after a car crash, proving fault is more challenging, but not impossible. In these cases, you will likely need to rely on a number of important factors:
- Each driver’s credibility
- Statements from neutral witnesses
- Physical evidence
It is in your best interest to hire an experienced lawyer in a “he said, she said” dispute. He or she will have the resources to investigate who was at fault for the accident and liable for your damages.
What Factors Affect a Driver’s Credibility?
Credibility is everything in a car accident case, especially if the other driver claims you caused the accident. If he or she does not seem to be credible, the jury may believe your version of the accident.
But what makes an individual credible or not credible?
Factors that may affect a driver’s credibility are:
- Whether the individual has a prior driving conviction
- Whether the individual’s version of events appears plausible
- Whether the individual seems to be lying
- The individual’s demeanor and attitude
Another factor that may affect credibility is whether a driver’s testimony is consistent with his or her past testimony. This includes statements to the police and the insurance company about how the accident happened. This is why it is important to be careful what you say at the crash scene. Your statements could be used against you to hurt your claim for compensation.
What Are the Witnesses Saying?
In a car accident case, the jury is likely to think that both drivers (i.e. plaintiff and defendant) are biased because they have a stake in the result. This is why having neutral witnesses is so important. They are typically objective and do not stand to gain anything from being dishonest about the events leading up to the accident. Juries tend to believe the testimony of a witness as long as he or she is credible.
It is beneficial to get the contact information from anyone who may have witnessed a portion or all of the accident. A witness may have seen the other driver’s behavior and actions before and after the car crash. For instance, perhaps the other driver was speeding or texting while behind the wheel.
If the other driver blames you, but a witness statement supports your version of events, you may have a greater chance of success.
Your lawyer can also inform you of your rights and legal options. He or she can handle communications with the other driver and insurance company on your behalf. Most car accident cases are settled outside of court. Reaching a settlement may be the best option to get the compensation you need.
What Does the Physical Evidence Show?
Aside from witness statements, physical evidence can help prove fault when the facts of the case are being disputed. Examples of physical evidence include, but are not limited to:
- Photos of the crash scene
- Surveillance footage
- Dash cam footage
Taking photos of both vehicles and the crash scene from various angles could help show how the accident happened. If you are physically capable, take photos of any skid marks or debris left on the road. These photos may be able to provide further insight into the exact cause of the accident.
Surveillance footage or footage from a dash cam may also provide proof of fault. If the accident happened at a major intersection, a surveillance camera may have captured it. The footage may show that the other driver ran the red light or engaged in other reckless behavior.
Your lawyer can formally request this footage so it is not erased or recorded over.
Contact Our Firm for a Free Consultation
If you have been injured in a car crash that was not your fault, we recommend seeking legal help. A Windsor-based auto accident lawyer is ready to stand by your side and fight for the maximum compensation possible.
The initial consultation comes at no cost, risk or obligation to you. There are zero upfront fees for our services. Payment is only due if we help recover compensation on your behalf.
Get Started Today By Calling (866) 320-4770.