Establishing Fault: When Negligence Is Hard To Prove After An Auto Accident Injury

When you have been injured in a car accident, this does not mean that you automatically have a viable personal injury lawsuit. Once you have received medical care, accident reports have been filed and you are fleshing out what happened, it may be difficult to prove who is at fault for the accident. There can be many variables in a car accident, and deciding who is at fault may come down to each party being partially responsible. Sometimes weather or hazardous road conditions are to blame for the accident, and no driver is deemed at fault. If you have been injured and you believe the other driver was at fault for your injuries, you need to gather evidence to support your claim.

Look Over the Accident Report Carefully

The accident report filed by the police department that responded to your accident should clearly indicate what happened on the day of the accident. The road conditions should be described, and any road hazards or unusual circumstances should be noted. Look over the accident report carefully to ensure that it is correct. If it points out that you were at fault in some way and you don't agree, talk with the police officer who filed the report and ask for clarification.

Review the Scene of the Accident on Your Own

With the accident report in hand, head over to the scene of the accident if it is safe to do so and mentally recreate the scene. Try to remember every detail you can about the accident, and look for signs that indicate speed limits or hazards in the road. If there are pictures from the accident, take a careful look at these pictures to see what type of damage was done to your property. Look for signs that you tried to stop, such as skid marks.

Consider Contacting Witnesses to Talk About the Accident

The accident report will contain witness statements, but this doesn't mean that you can't talk to witnesses on your own. If the witness is willing, ask them what they recall from the day of the accident, paying particular attention to your vehicle and what they believe happened to cause the accident.

While it can be difficult to prove who was negligent in a car accident, it is possible to file a personal injury lawsuit even when you are deemed partially at fault. To discuss your options, meet with a personal injury lawyer today.