How To Prove You Are Not At Fault In a Car Accident
Posted on: October 9, 2024It’s never a good thing to be blamed for a car accident.
Not only could it cause your car insurance rates to go up, but being found at-fault for an accident can open you up to a host of other consequences.
For instance, even in a No Fault state like Florida, you could be on the hook for expenses if the other party suffered property damage or a serious injury. And if you’re found to be more than 50% to blame for the accident, Florida’s Comparative Negligence system would not allow you to recover any damages.
Suffice it to say, it’s worth taking a few steps to ensure that you are not blamed for an accident that you didn’t cause.
How To Prove You Are Not At Fault In a Car Accident
Proving that you were not at fault in a car accident hinges on demonstrating that the other driver was negligent. In order to establish negligence, you’ll need to prove four key elements:
- Duty of Care: Every driver has a responsibility to follow traffic laws and operate their vehicle safely, which is known as a duty of care.
- Breach of Duty: The other driver failed to uphold this duty by either doing something reckless or failing to do something they should have, such as ignoring traffic signals or speeding.
- Damages: You must show that you suffered injury, property damage, or financial loss as a result of the accident.
- Causation: Finally, you need to prove that the other driver’s breach of duty directly caused the damages you experienced.
To effectively demonstrate that you were not at fault, it’s essential to gather substantial evidence to support each of these points.
File a Police Report
After an accident, it’s crucial to call 911, either to get emergency medical help or to report the crash so it can be investigated. Police officers act as a neutral third party, investigating the scene and determining who was at fault for the accident.
We have handled dozens of cases where the police report was a crucial piece of information that allowed our clients to be compensated for their injuries.
Wondering if you have a case? Take our quiz to find out.
If there were any witnesses to the accident, try to get their testimony on video or exchange contact information with them. Witnesses can be extremely valuable in supporting your car accident claim.
Unfortunately, officers sometimes miss gathering information or the witness does not stay long enough to meet with the officers. So, at least try to get the witness’ contact information before they leave the scene.
Document the Scene
If you’re physically able, conduct your own investigation at the scene of the accident. Take pictures and videos of all vehicles involved as well as the surrounding area. Make note of important details such as the weather, time of day, and any potential hazards like the angle of the sun.
If possible, document the location of the vehicles post impact before moving them. For example, if you are in a collision where there is a dispute over whose lane the impact took place in, you will want to document where the vehicles came to rest.
You should also document any marks or debris on the road that may show the location of the impact.
When it comes to a car accident, even a small detail can make or break your case. Documenting the scene is one of the most important because you only have one chance to do it.
Keep All Medical Records
Medical records can be great evidence for what happened during the crash. For example, your doctor may be able to examine your whiplash injury and see that you were involved in a rear end collision.
Be sure to keep all medical bills to accurately document your damages.
Call a Car Accident Attorney
While not every accident requires legal assistance, if you’re being blamed for an accident that wasn’t your fault, it’s wise to consult a car accident attorney.
An attorney can conduct their own investigation, gather critical evidence such as traffic camera footage and data from your car’s “black box,” and help build your case. They can also provide valuable assistance when it comes to negotiating a settlement amount.
Limit Conversations With the Insurance Company
The insurance company is not on your side! When dealing with the other insurer, it’s best to assume that they are looking for ways to twist your words and shift blame onto you. Their job is to minimize your injuries and pay you the least compensation possible. Don’t make it easy on them.
Stick to the facts and get communications in writing whenever possible, creating a clear record of what was said. Better yet, refer the insurance company to your attorney to ensure you don’t accidentally say something that could harm your case. This is one of the main reasons you should get an attorney involved early in your case.
Protect Yourself After a Car Accident
Proving that you’re not at fault in a car accident requires quick action and the right evidence. From filing a police report and documenting the scene to preserving medical records and talking to witnesses, each step is critical in building your case.
While dealing with the aftermath of an accident can be overwhelming, you don’t have to handle it alone. If you’re facing blame for an accident you didn’t cause, having an experienced car accident attorney on your side can make all the difference.
The car accident lawyers at Beers & Gordon are here to help you navigate the legal process, gather evidence, and ensure that your rights are protected. Contact us today for expert guidance and support.
Jim Gordon
Jim Gordon earned his Juris Doctorate from the University of Nebraska in 1997, and two years later began working at a firm in Orlando handling insurance defense matters on cases involving vehicle accidents, negligence, product liability, and more. He established Beers & Gordon P.A. with David Beers in 2009 to represent the rights of people injured because of negligence. He is a member of the invitation-only National Trial Lawyers organization and the Million Dollar Advocates Forum.
