Proving Fault in a Car Accident

In order to recover damages after being injured in a car accident, you must be able to prove that the other driver was at fault for the accident. While it may appear obvious to you at the time of the accident that the other driver was at fault, you may find that your word is not enough to satisfy the insurance company. Therefore, you will need to be able to support your claim with facts and evidence.

One of the best ways to establish fault in a car accident is through a police report. If you believe the other driver was at fault for the car accident, you should always request that a police officer be dispatched to the scene to fill out an accident report.

The officer will interview the people involved in the accident and evaluate the evidence at the scene in order to determine fault. In the police report, the officer might record certain opinions about the events of the accident, such as that one driver was speeding based on the length of the skid marks. If any traffic violations were issued, it will be recorded on this report as well. You are much more likely to achieve a successful outcome on your car accident claim if the police report indicates the other driver was at fault.

Certain types of car accidents, such as rear-end collisions, might offer direct proof based on the nature of the accident. Drivers are supposed to leave enough distance to stop safely if the car in front of them stops short. Therefore, rear-end collisions are almost always deemed to be the fault of the driver in the rear. If the back of your car is damaged and the front of the other driver’s car is damaged, it will be pretty clear who was at fault.

Another type of accident where the fault is easy to prove is a left turn collision. These accidents are almost always the fault of the driver making the left turn since vehicles driving straight through an intersection have the right of way over vehicles making a left turn.

The Dallas car accident lawyers at Polewski & Associates have more than 25 years of experience handling these complex claims. We will thoroughly investigate the details of your car accident in order to conclusively prove the other driver was at fault. We regularly work with accident reconstruction experts to help support your claim.

Please contact Polewski & Associates today to schedule your free initial consultation. We serve clients in Dallas and throughout North Texas.