Steps to take to prove you’re not at fault in a car accident
If you are found to be responsible for a car accident, you could be liable for monetary damages. In the event that those damages exceed your coverage limits, you may be required to pay the difference out of your own pocket.
I you believe you were not at fault for the accident, there are steps you can take to prove your innocence.
Acquire video footage
A video that shows exactly what happened at the time of a collision can be an effective way to prove your innocence. The video might show that the other car backed into yours or ran a red light prior to colliding with your car or truck.
Video footage might also be used to argue that the other driver was impaired, distracted or otherwise not fit to drive when a collision happened. At a minimum, this could reduce your liability for the wreck and the potential impact on your wallet.
Witness statements can help
Someone who saw the accident happen may be able to corroborate your version of events while refuting the other driver’s account. For instance, a witness might say that the other driver made an illegal turn, failed to signal before changing lanes or took other actions that reduce your liability or hold you harmless for the accident. If possible, try to get multiple witnesses as several people telling the same story will be harder to refute than the words of a single person.
Take pictures of the accident scene
Taking pictures from the accident scene can also help you establish a favorable narrative. Let’s say that the other driver said that you hit their car from behind. However, pictures may show that there is no damage to the front of your car. Therefore, it would be difficult to conclude that your vehicle struck another vehicle from behind. Alternatively, pictures may show little or no damage to the rear of the other driver’s car.
Taking pictures of tire marks or debris around your vehicle might also help you prove that you weren’t responsible for the crash. Tire marks might show that the other driver failed to brake or failed to take other actions that might have avoided a wreck or reduced its severity.
Understanding the elements of negligence
During settlement talks or at trial, the other driver will need to show that you acted in a negligent manner when the crash happened. Video footage, witness statements and photo evidence should be used strategically to show that you weren’t acting in a negligent manner when the accident happened.
Negligence is essentially any action that you knew or should have known could have caused harm to others. For example, if you are driving too fast for road conditions, you should know that it could increase your risk of an accident. Doing so anyway would likely be seen as negligent if a wreck occurred even if you didn’t intend to cause it to take place.
If you are involved in a car accident, it’s generally best to seek medical attention right away. You should also gather evidence, file an insurance claim and then contact an attorney. Doing so may make it easier to preserve your rights and help you obtain a favorable outcome in your case.
