Posted in Car Accidents on November 20, 2019
In many accidents, it can be tricky to understand who’s at fault when there’s little evidence left available from the scene of the accident.
Because of this, it’s essential to understand how to prove you’re not at fault in an accident, and be prepared for the necessary steps to take should you get into any car accident. This will be necessary when fighting any legal battles and when it comes to filing insurance claims, as both will require sufficient documentation that backs up your claim that you weren’t at fault for the accident.
We’ll go over various ways of proving you’re not at fault in a car accident below:
At the scene of an accident, it’s important to take as many pictures that can act as evidence, later on, to prove no-fault during a case. The scene of an accident can quickly clear up, leaving little documented proof that backs various claims made by parties on who’s at fault.
Take pictures of not only the damage done to cars during the accident but also any debris on the road and general weather conditions. This can help prove at which angle an impact was made or whether poor visibility due to weather conditions was to blame.
If you’re injured, ask a bystander to take a few pictures for you. Dashcams are also a worthwhile investment that can record the accident and act as critical evidence later on.
At the scene of an accident, the police should be called immediately. A natural result of this is the generation of a police report which outlines details of the accident and conclusions on which party may be at fault by the police (e.g., if there were certain traffic law violations by any involved party).
Obtaining a copy of this report from the police is critical to act as evidence for any future legal or insurance proceedings.
When accidents occur, it’s common to find individuals who witnessed the crash stopping to ensure everyone is alright.
These individuals can be key witnesses who are neutral to the accident and can act as strong testimony on how events unfolded.
Because of this, be sure to collect their contact information and record any statement on what they saw.
Check State Laws
Local laws may govern what is deemed your fault or not in an accident. Aspects such as speed limits or right of ways can mean the other party is immediately at fault. Highlighting such aspects during a claim can swing decisions in your favor.
Try to find local driving laws and cite any law violations when proceeding forward with any legal or insurance claims. It’s also beneficial to contact your local car accident lawyer who is well versed in these laws to help ascertain if any violations took place.
No doubt liabilities
Be aware of “no doubt” liability accidents. These are accidents defined as those where it’s easy to define who is at fault.
An example of this is a rear-end collision where given every driver by law is required to keep a safe braking distance – this means it’s very unlikely the driver of the vehicle in front can be held at fault for the accident.
Another no-fault accident is those involving left-turn collisions. It’s the responsibility of the driver making a left turn to be aware of oncoming vehicles when making a turn. If you’re driving straight down the road and it’s your right of way, then you’re not at fault.
Bear in mind that in either case, this no-fault liability depends on the circumstances of the accident. If you ran a red light and another car was making a left turn on a left turn signal, then you will be at fault. Similarly, if a rear-end collision occurs and it’s cause your car had a malfunctioning tail light, then you are held at fault.
Contact a New Orleans Car Accident Lawyer to Help You Determine if You Were At Fault
If you were involved in a car accident, speaking with a New Orleans car accident lawyer can help ensure a clear case is made on why you were not the one at fault for the accident and avoid substantial punitive damages and liabilities.