Prove You Are Not at Fault for a Car Accident
Car accidents can be complex, particularly if it is not immediately apparent who is at fault for the accident. To prove that you are not at fault, you should gather as much evidence at the scene as possible, including:
- Photos: Take photos of everything at the scene, including the damage to your car, picture of the other vehicle, and the position that the cars are in. If you are hurt and cannot take photos, ask someone else to take photos of the scene for you.
- Witness statements: ask any witnesses that were present for their contact information. You may want them to make a statement in your defense later on about what they saw at the accident.
You should also contact the police immediately, as they will make their assessment of the scene and establish their narration of why the accident occurred and who is responsible. This can be useful later when you are trying to prove that you are not responsible for an accident. After the police have created a report, ask for a copy for yourself.
Also, be careful about what you say at the scene of an accident. While you may be tempted to apologize out of politeness, even saying that you are sorry an accident occurred may be misconstrued as taking the blame for the accident, which can later impact your ability to prove you are not at fault.
Establishing Negligence in a Car Accident Case
If another driver’s negligent behavior caused your car accident injuries, you may be able to recover compensation in a personal injury lawsuit. This is true even if the other driver or insurance company alleges that you were fully or partially responsible for the accident. If the facts prove that they are at fault, a court may order them to compensate you.
To establish that another party was negligent in a car accident, you must establish that four elements exist. They include:
- Duty of care: every driver owes a duty to other drivers and pedestrians to be cautious when operating a vehicle.
- Breach of duty: the other driver must have breached their duty, for instance, by committing a traffic law violation.
- Injury: to pursue legal action, the plaintiff must have suffered some kind of injury, whether through a physical injury or financial loss.
- Causation: the injury that the plaintiff suffered must be a direct result of the defendant’s breach of duty.
Proving that these four elements exist is critical in any car accident. Even if it appears obvious that the other driver is responsible for the collision, the insurance company could still try to claim that you are responsible in some way, potentially reducing any compensation they will award you for your losses.
This is why it is important to be careful what you say at the scene of the accident and to any insurance company representatives, you speak with. When you hire a Florida car accident lawyer, they can handle communications with insurance companies on your behalf.
How a Lawyer Can Help You
If you or a loved one has suffered losses as a result of a car accident, you have the right to pursue compensation from the negligent driver responsible for your losses because we know the car accident statistics in Florida.
The Law Offices of Wolf & Pravato may be able to help you build a case to prove the other driver’s liability. We can produce evidence in your defense, including testimony from accident reconstruction experts, if necessary.
We also help the victims of a car accident in the following cities: