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Prove I'm Not At Fault In Car Accident

by The Brown Firm / September 28, 2020

With car accident cases in most states, including Georgia, determining fault is the most critical factor if you need to seek financial compensation for your damages. 

The negligent party in the accident is liable for the costs of the accident. 

That means to recover money for your medical expenses, repairs to your vehicle, and more, you must prove the other person caused the accident, and not you.

However, it can be tricky proving fault when there's little evidence left available from the accident scene. 

Because of this, you need to understand how to prove you're not at fault in an accident.

And you need to take the necessary steps if you do get into a car accident. 

In the article below, we will go over several things to consider when proving you were not at fault for your accident.

Table of Contents

 

Look for Traffic Violations

If it's obvious that the other driver has clearly broken one or more traffic laws, it will be much easier to prove that their negligence led to your accident. 

If you can prove that they were disobeying the speed limits, running a red light or stop sign, or failing to yield the right of way, it will be much easier to prove their negligence.

These are traffic violations that often lead to car accidents. 

If you're not sure about a specific violation in your state, you can look up the motor vehicle statutes and use that wording in your claim. 

You can find shorter versions of these laws at DMV offices. The full vehicle codes can be found in law libraries and many public libraries.

You'll be doing yourself a favor if you work with a car accident lawyer for this. 

They can make sure your phrasing is correct and communicated in the best way.

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Collect Evidence

To prove fault in a car wreck, you should take pictures at the scene of the accident that can act as evidence and prove no-fault during a case. 

Accident scenes clean up quickly and leave little documented proof that will back various claims made by parties on who's at fault.

You should take pictures of the damage done to the vehicles during the accident and any debris on the road and the weather conditions. 

This will help prove which angle the impact was made, whether poor visibility due to weather conditions was to blame, or if something on the road contributed to the accident.

If you sustain any injuries, ask a bystander to take a few pictures of your injury for you. 

It may be a good idea to invest in a dashcam that can record the collision and act as critical evidence later. 

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Get A Police Report

If you're involved in a car accident with physical injuries or vehicle damage, you should immediately call the police. 

When the police arrive on the scene, you should let them know exactly what happened. 

When the officer arrives on the scene, they will create a police report of the accident that can be used as evidence later on.

If an officer does not come to the scene for some reason, you need to go to the police station as soon as possible to give them your account of the accident.

This report is vital because it will include if the other driver was cited for any traffic violations. 

It may also include notes from the responding officer about their thoughts on the accident. 

If they believe a driver was at fault, this police report will be valuable in proving liability. 

Insurance companies are also more likely to award a fair settlement if there is a police report of the crash.

Even if you do get a police report, you should still get the contact information of the other driver and any witnesses.

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Some accidents are easier to assign fault then others

No Doubt Liabilities

Everyone should know about no doubt liability accidents. 

These accidents are defined as an accident where it's easy to prove fault.

A perfect example of a no-doubt liability accident is a rear-end collision. As a driver, you are required by law to keep a safe braking distance.

That means it's unlikely that the driver of the vehicle in the front of a rear-end collision can be held responsible for the accident.

Another no-fault accident is left-turn collisions. 

When you're making a left turn, it is your responsibility to be aware of oncoming vehicles. 

If you're driving straight down the road, not making any turns or any lane changes, it's your right of way. You won't be at fault for any accidents.

Keep in mind that in either case, this no-fault liability will still depend on the circumstances of your accident. 

For example, if you're in a rear-end collision and your car has a malfunctioning tail light, you are held at fault. 

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Never Apologize

Many people are tempted to apologize or even admit some fault out of politeness following the accident.

Never do this. 

Any admission of blame and even an apology can impact your ability to get a full financial recovery.

Of course, you should be courteous and make sure everyone is okay, but never apologize as this can be seen as an admission of guilt.

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Keep Quiet

Don't say much at all until you can contact a good personal injury lawyer. 

This also applies if the other driver's insurance company contacts you. 

Their insurance company will likely try to get information out of you that they can use against you later. 

Never admit any fault, never apologize, and never make a statement until you can get a legal professional on your side.

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Get Witness Testimony

There will probably be individuals who witnessed your crash that will stop to ensure everyone is alright.

These people can turn out to be key witnesses because they are neutral to the accident but can act as strong testimony on how the accident occurred.

Always collect their contact information and record any statement on what they saw.

Check out this blog on who's responsible if its a multi-car accident

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How Can Car Accident Lawyers Help?

The legal process is complex and confusing, and you shouldn't have to figure it out on your own.

That's why you need a personal injury attorney on your side that can offer you legal advice and handle your case while you recover from your injuries.

The Brown Firm takes all car accident injury cases on a contingency fee basis.

This allows victims and family members to get the legal help they need without adding to their financial burden. 

If you or someone you love was injured in a crash, call our office today or click the button below to schedule your free consultation with a car accident attorney at The Brown Firm.

Free Personal Injury Consultation

Tags: fault in a car accident

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