How to prove you are not at fault in a car accident?
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How to prove you are not at fault in a car accident
You had a car accident?
It wasn’t my fault you say?
What can you do to prove your innocence if you were in a car accident that was not your fault?
In many cases, just by the way the cars are positioned in a car accident, fault can be attributed to a driver.
However, not all car accidents can clearly show who was at fault.
Here are things that you can do to prove that you are not at fault in a car accident.
Something to keep in mind is that if you live in a no-fault jurisdiction, then the fault doesn’t really matter for most car accidents.
In a no-fault jurisdiction, each drover will get compensation for their losses directly from their insurance provider.
If you are in an “at-fault” jurisdiction, then you may be denied compensation by your insurance provider for various reasons.
Here are some tips you should keep in mind.
Do Not Admit Fault
One of the first things you should do to prove that you are not at fault is to admit your fault!
That sounds easier than in practice.
Generally, we want to be kind to others by taking on some of the blame.
However, from a legal perspective, if you admit something, it will be used against you.
After a car accident, it’s not time to be socially polite, it’s important that you remain factual.
Do not admit fault.
Exchange Contact Information
All drivers involved in a car accident should exchange their contact information such as:
- Vehicle registration number
- Insurance policy number
- Driver’s license details
- Vehicle registration information
Contact The Police
Contact the police and file an accident report.
In some states, you are not required to contact the police for small accidents or if the accident resulted in minor property damage.
However, if you want to prove that you are innocent, you should make sure you contact the police and get a police report.
After the accident, the recollection of the drivers can change and a person may eventually blame you for the accident.
Make sure you document the accident with a police report.
Gather Physical Evidence
You must gather all the evidence about the scene as soon as possible.
Make sure you take pictures of the scene.
If there are physical elements that can be used to prove the other party was at fault, make sure you take good pictures.
The physical layout of the accident can be quite useful in proving that you were not at fault.
Take pictures of every aspect of the car accident.
Taking pictures means:
- Picture of all damages to your car
- Picture of all damages to the other cars involved in the accident
- Picture of the scene of the accident
- Position of the cars
Make sure you take pictures from different angles so you can see all aspects of the scene of the accident.
Focus on Details
Focus on the details.
See if there were cameras that caught the scene of the accident.
Do you have a dashboard camera?
Try to determine what traffic code violation was committed by the other driver involved in the accident.
Does the driver have a license?
Was the driver under the effects of alcohol or drugs while driving?
Does the driver have past violations?
Speak To Witnesses
Gathering information from witnesses may be crucial if you are looking for evidence to prove that the accident was not your fault.
Witnesses can provide critical clues or information that will directly prove your innocence.
Make sure you get their names and document what they recall seeing.
Hire An Attorney
With all the evidence that you’ve gathered, the next step is to hire a legal professional.
Car accident lawyers are experts at evaluating the legal implications and consequences of a car accident.
Make sure you find a lawyer specialized in the local traffic laws to ensure you get the best legal advice and representation.
Your lawyer will look at the evidence and provide you with further guidance as to how you may be able to prove that the accident wasn’t your fault.
Research Traffic Laws
You should do your own research into the traffic laws.
No matter what type of car accident you had, there is a lot of content published on the material by lawyers, law firms, law blogs, and other legal resources.
Read about legal responsibility with regards to a traffic collision.
Look for legal content that may help support your case and prove that you are innocent.
If you find useful material, share it with your attorney who may find it useful as well.
Get the Police Report
When there’s a car accident, you should contact the police and file a report.
Police reports will provide details about the accident as gathered by the police.
You will want to get your hands on the police report.
Make sure you ask for a copy of the report when it’s ready and available.
You may find useful diagrams, police officer’s impressions about the accident, details about what the other drivers had said, and so on.
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