Proving Fault In a Motor Vehicle Crash
When you are injured in an accident, you may have the right to file a claim against the party who caused the accident. Although the facts may seem clear to you as to who caused the accident, you will nevertheless have the burden of proving that the other driver was at fault for the crash.
Proving fault is generally the same thing as proving “negligence.” You will need to gather evidence that the other party was negligently or recklessly operating their vehicle, ultimately resulting in the crash. In order to successfully prove your claim, especially in less cut and dry accidents, it is best to hire an experienced Los Angeles car accident attorney to help you with this process. Most evidence you need to prove your claim are discussed in this article.
In most cases, you may not be able to put the actual police report into evidence. However, the information contained in the report can be important in proving your case. Traffic collision reports generally provide information about the accident, including:
- The date and time of the collision
- The exact location where the collision occurred
- A diagram of the crash
- The parties involved in the crash
- Insurance and contact information for all parties involved
- Witnesses to the collisions
- A general description of the crash
- Statements provided by all parties and witnesses to the crash
It should be noted that the opinions of the police and causation of the accident stated in the traffic collision report may not always be accurate and a tell tale of how the accident actually occurred. So, just because a police report places you at fault, it does not mean your LA car accident attorney won’t be able to prove the other driver caused the crash.
Health care providers generally recount what you told them about a collision in your medical records. The fact that you provide consistent facts from the moment the crash occurred to the date of your trial is crucial in proving fault and winning your case.
Your doctors can also be helpful in providing valuable causation evidence regarding how you were injured. Simply stating that your neck injury was caused by the accident can be more important than you might think in proving your personal injury case.
Witness Statement and Testimony
Most accidents happen during busy hours of the day. This means that there is bound to be someone nearby that saw or heard the motor vehicle collision. Statements or testimony from any witnesses can be crucial to provide an unbiased account of how the crash happened. Witnesses may even be able to provide useful information about what the other driver said after the crash or how he acted to help prove fault.
Consult with a Los Angeles Car Accident Attorney
If you or a loved one has been injured in a motor vehicle collision that was caused by the negligent or reckless act of a third party, you may be entitled to monetary compensation. For more information or to schedule a free consultation with an experienced Los Angeles car accident attorney, call the Law Offices of Samer Habbas today at 888.848.5084.