In most states, determining fault is very critical to claiming compensation after a car accident. If you want to seek financial compensation, you have to establish the liable party. In most accident cases, you can easily identify who was responsible for the accident. However, before insurance companies pay any compensation, they will need concrete evidence.
Without evidence, it is tricky to prove liability. So you need to understand how to prove you are not at fault in a car accident. Our Indianapolis car accident lawyers can help you identify the fault party and get a fair settlement.
Who Needs To Prove Fault?
It’s relatively easy to establish who is at fault after a car accident from the positions of the cars. However, there are some accidents where proving fault is not that easy. There is also the issue of no-fault in some states.
If you get into a car accident in a no-fault state, then who has liability becomes irrelevant for most accidents. That is to say that policyholders get compensated by their insurers. However, very severe injuries can warrant going outside no-fault and claiming personal liability against the other driver.
However, if you are in an at-fault state like Indiana, you need to prove you are not at fault in an accident. But if it is a no-doubt liability crash, there is usually no doubt about who the at-fault party is. It means you do not need to do much to prove you are not at fault.
An example of such an accident is a rear-end collision. If you get hit from behind in a car accident, you’re not at fault. This is because as part of traffic rules, drivers must keep a certain distance behind other cars. So if another driver suddenly rams into you, that’s to say they were not keeping a safe space.
How To Determine Who Is at Fault
Determining who is at fault would help you prove you did not cause the accident. Below, we list out how to determine who is at fault.
Gather Physical Evidence
Accident scenes usually get cleaned up quickly. So, you need to take pictures of an accident scene, the cars, and any damages to them for evidence. Taking pictures will help establish who is at fault. In addition, the photos will show the impact angles, whether there was abysmal visibility or something on the road. If you have injuries, make sure to get pictures of them as well. In addition, you may want to invest in a dashcam so that accidents can get recorded.
Do Not Admit Fault
As uncivil as this may sound, do not admit fault or apologize after a car accident. Any admission of wrongdoing or accepting blame will make you look liable. You should be courteous and ensure people are safe. However, never apologize or admit any fault as that can get taken as an admission of guilt. Thus, making yourself liable.
Get a Report From the Police
If you get into a car accident and there’s property damage or bodily injuries, call the police. When the police arrive at the scene, recount what happened. Narrating how the accident occurred will be part of the report the police will make. The police report is essential to show whether or not the other party violated any traffic rules.
Also, the police’s observation and thoughts on the accident will be part of the report. Therefore, the chances of getting a settlement are higher with a police report. Do not forget to get the personal and contact details of the other driver, even with a police report.
Check for Traffic Violations
It would be easier to prove that you’re not at fault in a car accident if the other driver violated traffic rules. For example, if you can prove they ran red lights, drove above speed limits, or illegally changed lanes, it would be easier to prove negligence. Thus, check for traffic law violations or have the police do it.
Contact Our Indianapolis Car Accident Lawyers Now!
The legal process of proving that you are not at fault in a car accident can be complex. But you do not have to go through it alone. Also, you may not be fully recovered after an accident to seek compensation or prove your innocence.
Therefore, it will be wise to have an experienced auto accident attorney from StewartPhelspsWood Injury Law Firm. We will help you navigate the claims process and get you the maximum compensation. Contact us today to speak with one of our lawyers.