You can prove you are not at fault in a car accident by gathering evidence that shows that someone else was to blame for the crash. Such proof may include a variety of documents, witness statements, and expert data.
Many types of evidence, like medical records documenting your injuries, can help you tell your side of the story and show that you are not responsible for your own injuries or the injuries of others in a crash. In addition, you may want to work with a personal injury lawyer to help you make your argument, especially if the other party’s insurer tries to blame you.
Gathering Evidence to Prove Fault and Liability
The best way to show you are not at fault for a Greenville, SC, car accident is by gathering evidence to show what caused the crash and who is responsible. Many types of evidence may support your claim that another driver caused the crash. In general, you will need to show:
- The driver acted carelessly or recklessly, such as violating traffic laws.
- Their behavior led to the crash.
- You suffered injuries, financial costs, and other harm as a result.
Some evidence used to prove these cases includes:
Eyewitness Testimony
Testimony from parties who were present at the accident can help show that someone else caused the crash. If you have other people who can provide accounts of the event that show that you were not negligent or engaging in dangerous behavior, that can help you.
For this reason, it’s beneficial to get the name and contact information of everyone at the collision scene, if possible.
Phone Records
Driving while distracted can be incredibly dangerous and quickly lead to an accident. According to the Federal Communication Commission (FCC), roughly 400,000 people suffered injuries in collisions caused by distracted drivers in 2018.
Phone records that show the other driver was chatting or texting instead of paying full attention to the road could help your case.
Police Accident Reports
When police respond to a traffic accident, they file a report about the crash. This report could help with proving you are not at fault.
For example, if the police report indicates that the other driver was intoxicated or impaired, you may be able to use this information to support your claim. Unfortunately, behavior like drunk driving is still common. The Centers for Disease Control and Prevention (CDC) states that the annual cost of accidents involving drunk drivers could be more than $44 billion.
Information About Your Medical and Economic Damages
You also want to present records that show how the accident affected you. You can use such documents to put a fair settlement value on your case, as well. All of the following can help show the validity and potential value of your claim or lawsuit:
- Medical bills
- Proof of lost wages
- Evidence that your injuries will have lasting effects that disrupt your everyday life
For a free legal consultation, call 864-740-8653
Proving Fault Is the Key to Recovering Damages
If you were in a traffic accident, you do not want to be the driver at fault or share the blame. While accidents happen, it will make it more difficult to overcome the financial burden of a crash if you were to blame.
When you are at fault in a Greenville car accident, the other driver or other parties involved can file an insurance claim against you or sue to hold you responsible. At the same time, you will not be able to seek damages for the losses and costs you incurred.
What Happens to the At-Fault Driver When Victims File a Claim?
If the victims of a crash file a claim under your auto liability policy, your insurance company will likely defend you, providing legal help and handling most aspects of the case for you. If the victims have enough evidence to prove fault, the insurer may pay out a settlement to them up to your policy limits.
However, if the settlement or court award exceeds your policy limits, it may be your responsibility to pay the rest. This situation can create an undue financial burden for you and your family.
This is one reason why insurers will go to extremes to try to show their policyholder is not responsible for a crash or shares responsibility with another driver.
What About the Damages Suffered By the At-Fault Driver?
The at-fault driver may have injuries and property damages, as well. They may miss work and suffer significantly. However, if they are 100 percent responsible for a crash, they cannot recover compensation through an auto liability claim.
Instead, they will need to rely on their add-on collision insurance coverage for their property damages and their health insurance for medical care.
You can only recover damages through a lawsuit if the other party was negligent and legally responsible. Only then can you pursue compensation to cover your medical bills, lost wages, property damage, and other types of awards at trial.
Working with a Greenville Car Accident Attorney
You do not have to gather evidence and construct your Greenville car accident case by yourself. Instead, you can hire a Greenville car accident lawyer from our team to assist you with all aspects of the case, including investigating what happened and proving another driver caused the crash.
Your attorney will act as your advocate and help you compile the evidence needed. Our team will protect your rights and manage the claim or lawsuit from beginning to end. This includes meeting all filing deadlines, including the three-year statute of limitations that generally applies to these cases under S.C. Ann § 15-3-530.
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Call Hammack Law Firm today at (864) 326-3333 to learn more about your legal options. A staff member can tell you more about how a car accident attorney from our Greenville office can help you.
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