How to Prove Fault in a Motor Vehicle Accident

In order to prevail in a motor vehicle accident case, you must prove that the other driver was negligent. You need facts and arguments to show that the other driver should be held liable for your injuries. Even if you ultimately settle without ever going to court, you need to be able to convince the insurance companies that you are entitled to compensation.

If you are wondering how to prove fault in your motor vehicle accident case, the attorneys at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA will build a strong case and fight for you to obtain the compensation you deserve. Attorney Kyle Wright has years of experience assisting accident victims in Ohio, and he’s ready to help you. If you’ve been injured as a result of someone else’s negligence, call us at (419) 625-7770, or contact us online to speak with one of our Ohio personal injury lawyers.

Police Reports are Important

It’s essential to contact the police immediately following a crash. One of the best ways to prove fault in an accident is to use the police report. Generally speaking, police reports are persuasive because the officer who wrote the report is considered to be a neutral third-party – they have no stake in the case and who prevails. The report may contain some very helpful details concerning the date, time, and location of the accident, as well as the identity of the parties involved and any potential witnesses.

More importantly, police officers typically have a great deal of experience when it comes to motor vehicle accidents, and can therefore identify what caused the crash. They may be able to estimate the speed the vehicles were traveling, or whether the other driver broke the law, all of which may be reflected in the officer’s report. The police report will also indicate whether the officer wrote a ticket to the other driver for a traffic violation related to the wreck.

While police reports are important, they are not always correct. When they are incorrect, we can hire experts, such as an accident reconstructionist, engineer, or ergonomics expert to render an opinion regarding liability.

How Do Traffic Violations Factor In?

Accidents occur when motorists fail to follow traffic laws. If the other driver did break the law, the traffic violation could be used as evidence that they were responsible for the accident and your resulting injuries. For example, speeding or failing to pay attention can be used as evidence that the other party was driving negligently. Even if the traffic violation didn’t cause the accident, it might still be helpful evidence of the other driver’s negligence.

Make Sure to Obtain Witness Statements

A clear and detailed statement from an eyewitness can also help prove fault in your case. Like police officers, eyewitnesses are neutral third parties, so their version of events can be very persuasive. In addition, they may have seen things that you or the other driver did not get a look at. As a result, it is vital to collect statements from witnesses as soon as possible, as their recent recollection can be a tremendous help in proving who was at fault in the crash.

Use the Facts

In some cases, the facts speak for themselves in determining who was at fault for a motor vehicle accident. For example, the other driver rear-ended you, then the accident is almost certainly their fault. In other situations, however, there may be facts that can help establish responsibility, but they are not apparent to a non-lawyer. Using their experience and knowledge of the law, a skilled car accident attorney can identify those facts and then use them to prove that the other driver was at fault.

Use Pictures and Video from the Scene

If you are able to move around after an accident, you should take pictures and video. Include images of both vehicles, the environment, and any people standing nearby. If you’re not able to get images, ask someone else to gather information. This may be a passenger from your car or a witness or other bystander.

Talk to a Lawyer

The defense of an accident begins as soon as the claim is reported to the at-fault insurance company. You deserve to have the same resources on your side. call a lawyer and learn what steps should be taken to investigate the case or you may lose critical evidence. If evidence is not requested or preserved, such as a dash cam or body cam, it may be deleted in as little as 30 days.

Do You Have Questions About How to Prove Fault in Your Case? Contact Us Today

Motor vehicle accidents often result in serious injuries that can impact the rest of your life. Unfortunately, the claims process is difficult to navigate, and the system is designed to minimize the money paid out in compensation. If you’ve been injured in a crash, you need an Ohio personal injury lawyer who knows how to build a strong case on your behalf that assists in putting your life back together.

At Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA, attorney Kyle Wright knows how to prove the negligence of the at-fault party, and will fight for you to receive fair compensation for your damages. Call us today at (419) 625-7770, or reach out online to schedule a free consultation of your case.