How do you prove fault after an accident?

30 December 2015
 Categories: , Blog


If you were recently in a vehicle accident, you may need to prove that you were not at fault. This allows you to file a lawsuit against the other person for bodily injuries or damages to your vehicle. Here are some tips for proving fault, or in this case no fault on your part, as a result of the auto accident.

Get a Police Report

Not all accidents require having a police report filed, but if you were injured or it was a severe accident, you should definitely request a report. This can be used by your accident lawyer if it leads to a lawsuit and can help prove fault. The police officer will be looking around the premises, at the vehicles, and talking to witnesses. He or she is going to assess the damage and situation, and make his report based on these facts. This is often one of the documents that helps to win a court case against someone else when you are trying to prove who caused the accident.

Talk to Witnesses

Police officers and on-site investigators are not the only people who can talk to witnesses. If you see people nearby that saw the accident and stopped afterward, take advantage and talk to them. Ask if and what they saw, and see if they are willing to give you their name and contact information. This will help in case your lawyer or insurance company wants to talk to the witnesses about the accident. Also ask witnesses if they got the accident on video or took a picture, as that can also be used as evidence of who is at fault.

Consult an Accident Investigator

This individual is also called an accident reconstruction investigator, as they try to put together how the accident took place, based on the physical evidence. They will look around the premises to find steering angles, black boxes, skid marks and accelerates. They often look in both vehicles if available, including looking for mechanical issues. They will look at the exterior damage of the vehicles to consider what angle the car was hit and determine who was at fault based on that information.

Consider the Type of Accident

The type of accident you were involved in can also help you prove it wasn't your fault. If you were hit from behind, this is almost never your fault, even if you slammed on your brakes. The person behind you is usually going to be at fault as they might not have been paying full attention or could be following behind you too close. There are some exceptions, though this is a good general rule. If you were hit in an intersection, it should be easy enough to prove that your light was green, while the other person's light was red when they attempted to race through the intersection.

Speak to an accident lawyer if you want to prove you were not at fault for an accident.