Proof that the car accident wasn’t your fault
California is an at-fault state for car accidents, which means that the driver who caused the accident will bear the financial responsibility for any injuries or other losses that were the result of the accident.
If you are involved in a bad car accident and have sustained injuries in California, you are responsible for filing a claim with the at fault driver’s insurance company. The claim you file can cover damages including medical bills, lost income, pain and suffering, vehicle and/or other property damage.
Unfortunately, the at fault driver’s insurance may attempt to deny your claim if they believe that you bear any liability for the accident. Therefore, in order to receive the compensation that you need to recover from your injuries and move forward, you will have to provide proof that the car accident wasn’t your fault.
What can you do to clear up any uncertainty as to the cause of the accident in order to determine liability?
- Collect as much evidence as possible such as photos of the cars involved, the crash scene, dash cam footage
- Exchange contact information with the other driver including their insurance information
- Exchange contact information with any eye witnesses to the accident
- Obtain a copy of the police report which can also be used as evidence
“No-doubt” liability accidents involve blatant traffic violations, making it easy to prove liability. This includes things like failure to stop at a stop sign, running a red light, rear-end collisions, driving over the speed limit, DUIs, and failure to yield the right of way.
Proving your case
In the end, proving that a car accident wasn’t your fault comes down to the facts and to the particulars of the case. To prove liability in a car accident, the following are required:
- Negligence on the part of the other driver; failure in their duty to practice proper care when driving on the roadway
- The driver’s negligence caused your car accident
- The driver’s negligence physically harmed you
If you sustained injuries as a result of the accident, you will want evidence of those injuries including medical records, and any other documentation of your physical injuries, including pictures, and statements from healthcare providers, especially for out-of-pocket expenses, diagnostic imaging, and rehab facilities, for example.
In many car accident cases, determining liability is straightforward. However, if there is even the smallest doubt as to who was at fault, the insurance company of the other driver will do everything possible to limit your compensation.
Therefore, it is in your best interest to contact a personal injury attorney that has experience handling car accident lawsuits to ensure that you are totally compensated for all losses incurred during and after the accident.
Getting what you deserve
Contact Scott S. Harris, car accident attorney in San Diego, to protect your legal rights and to help negotiate an insurance settlement that will provide adequate and fair compensation for all damages, including medical bills and lost wages.