When a car accident happens, one of the hardest things is proving the guilty driver was at fault. Unless there was CCTV evidence (or dash cam footage) it really is a case of your word against theirs.
However, just because it is difficult proving another person’s fault does not mean that it is impossible. With the right attitude, determination, and a lawyer’s help, you will be able to get the compensation that you deserve (and ensure the person responsible for injuring you is punished).
Here is how to prove negligence and fault in a car accident case:
One of the best ways to prove another driver was responsible for causing a car crash with you is to take evidence from the scene, ideally of them apologizing. A lot of people will immediately begin apologizing after they have caused an accident. Then, when they have had some time to think, they pivot and start blaming the other drivers involved. However, if you can capture evidence of the scene of the crash and the other driver apologizing, they will not be able to shift the blame onto you later on. If you cannot take videos because you are injured, ask passengers in your car or any witnesses present to take videos for you. Make sure to get the guilty driver’s insurance information and vehicle registration, too.
If the accident took place on a busy road or outside somebody’s business then there could be CCTV footage of the crash. After you have recovered from your injuries, head down there and see if you can get a copy of the footage. If you are too injured to go yourself, ask a loved one to. Asking a loved one to go for you will mean that while you are recovering, your case is being built. It’s important to collect CCTV footage quickly since it is usually deleted by shop owners at the end of each month. Waiting too long could mean that you are unable to get evidence to support your case. Invest in a dash cam, too.
If possible, take the contact information of any witnesses present at the scene of the crash, too. Witness statements will help you to back your case up, especially if it goes to court. When you make a claim for compensation, your lawyer will want to interview any witnesses and take statements from them, so that they can prove your case to the insurance company. The insurance adjustor appointed by the guilty driver’s insurance company might also want to interview witnesses and take statements from them.
You will need a lawyer’s help, there are no ands, ifs, or buts. Only a trained lawyer will be able to deal with insurance adjustors and get you the compensation that you deserve. There is literally no way you will be able to do it yourself. Hiring a law firm is very simple. All you have to do is to send them an email explaining you have been involved in an accident, and they will then ask you to come in and give a statement to them. Then, they will review your statement (and your evidence) and make a decision about whether or not they want to work with you.
If the person who crashed into you or caused the accident was not insured, then you will have to sue them in civil court. Civil court lawsuits mean that you will have to physically attend in person and give evidence, in front of a judge. Giving evidence in court can be a very stressful process, but it is necessary if you want to get the compensation that you deserve. You can earn a lot more in civil court than you can do dealing with an insurance company, which is why it’s preferred by a lot of people.
Finally, make sure that you are honest throughout. If at any point you are found to be lying, exaggerating, or leaving information out, you can get into a lot of trouble. Lawyers and insurance adjustors don’t look fondly upon lawyers. If you do get awarded compensation and are later discovered to have been lying all along, then you can get arrested and have your compensation seized. You can even go to prison for lying to lawyers and insurance adjustors, depending on the amount of money that your lies led to you being awarded.
If you have been involved in a car accident, then you need to make a claim for compensation. To do that, you need a lawyer’s help. You also need to prove the responsible driver’s guilt. This page will help you to do that.