With some car accident cases, proving liability may be fairly straightforward. All the witness and driver statements, medical records, police reports, and other pieces of evidence paint a clear, irrefutable picture of how the accident occurred and who is responsible for it. But, what happens if there are conflicting stories regarding who actually caused the accident?
If you’re injured in an accident and the other driver involved is dishonest about what happened, here’s what you need to know.
While you may want to give someone the benefit of the doubt and trust that the other driver will do the right thing after an accident, this is not always the case. If someone was driving negligently or recklessly, they may not want to be held responsible for the accident for fear of having to pay out-of-pocket costs, having increased monthly insurance premiums, or facing legal action.
Ultimately, these reasons can be strong motivators for denying any negligent or dangerous driving behaviors. Some examples of negligent driving include:
When you’re claiming one thing and the other driver involved is claiming another, finding and proving the truth in a series of conflicting statements involves the timely preservation of evidence. The starting point for this process rests upon 1.) whether there were any witnesses and 2.) what the related police report states.
A witness can be anyone who saw the accident unfold, be it an uninvolved driver, a vehicle occupant, a bicycle or motorcycle rider, a pedestrian, or someone on a nearby property. The most reliable witnesses will be those who have no stake in the accident.
For instance, a pedestrian who happened to witness the accident would be a more reliable witness than a passenger in one of the involved vehicles. This person would have no reason to give a dishonest or misleading statement; on the other hand, a passenger in one of the involved vehicles may have a personal motivation to put the blame off of the driver whose car they were in.
Police reports are also an invaluable piece of evidence when it comes to sorting fact from fiction after a car accident. Remember, even if a car crash is seemingly minor, you should not hesitate to contact local law enforcement so that they can arrive at the scene and you can tell your story in an official police report.
The officer should talk to both or all parties involved as well as any other eyewitnesses. They will document if there were any traffic violations that contributed to the accident or whether any drivers were impaired at the time of the occurrence. If the other driver is arrested on suspicion of driving while impaired or issued a traffic ticket, this can be used as evidence later on to show that their actions caused the crash.
If there were no witnesses at the time of the accident and the other driver is not cited for violating any traffic laws, your attorney will need to rely on other types of evidence to prove fault, such as:
Determining fault in a car accident cause is not always an easy feat, even for insurance adjusters whose jobs require them to do so on a daily basis. If it’s in the insurer’s best interest to deny liability, even if much of the evidence points to the contrary, they may do so in order to minimize payouts.
In order to get the insurance company to pay you fair compensation, it’s imperative that you have a seasoned legal advocate on your side who will preserve all the evidence in a timely manner to prove fault. If it’s your word against the other driver’s, turn to Klein Frank for help seeking the truth behind your accident and proving what really happened. The evidence will speak for itself so you obtain full and fair compensation.
For 60 years of legal experience in your corner, contact our Boulder car accident attorneysat (303) 622-3876 today. We offer free, personalized case reviews.