Call Us Live chat Contact Text

determine fault in a car accident fault in a car accident How Do You Determine Fault in a Car Accident? crash 1308575 1920 300x199Getting into a car accident is already stressful enough but when you are injured and you know for a fact the accident wasn’t your fault, how do you prove the other driver is to blame?

The other driver won’t take responsibility for the accident even if they were clearly at fault. We always advice car accident victims to avoid admitting fault even when they have a feeling that they were the cause of the accident. We do this for a number of reasons:

  1. Admitting liability may make your insurance policy invalid. Let your insurer do their investigation and determine who is liable.
  2. Even if you later realize that you were not liable for the accident, it might be hard for you to go back on your word if a witness at the scene heard you admit liability or the police recorded your confession in the accident report. If you go back on your word, it might be considered perjury.

It’s Easy to Lie About the Car Accident

It’s rare for a driver to lie about the events leading up to a car accident but it wouldn’t be beyond them to do so especially if the accident led to some serious injuries.  One of the biggest reasons why a driver might lie about the accident is if they have a bad driving history.

According to the National Highway Transport Safety Association, approximately 52, 274 drivers who were involved in fatal car accidents in 2017 had repeat traffic violations.

Drivers can also lie because:

  • Their job depends on it
  • They could incur major financial penalties
  • Their insurance premium could skyrocket
  • They could lose their driving license

Why it’s Important to Determine Fault in a Car Accident

If you can’t prove fault in a car accident, you can suffer financial losses starting with you paying a fine and paying a collision deductible.

It can be very frustrating trying to convince your insurer that you are not liable for an accident. If your insurer ends up paying the other driver’s liability claims, your safe diver rating can be affected.

Additionally, if you renew your policy with the same insurer, they might increase your premium. If you were driving a company car at the time of the accident, your employer might decide to fire you or reassign you to a different position.

In Massachusetts if you receive an accident citation, there will be a crash entry on your record and it might remain there up to five years. Anyone can access your driving record including a new insurer as part of their rating process or a new employer as part of their pre-employment process.

You Should Always Gather as Much Evidence as You Can

More often than not, you won’t know what the other driver told the investigation officer until your insurer shows you the police report.

It’s possible for the other driver to mislead an investigation officer and if you wait several days to prove otherwise, you might lose your only opportunity to prove your innocence.

If you get into a car accident, you should do the following:

  1. Call 911
  2. Takes pictures of the accident scene in as many angles as possible. Pictures capture the road conditions, weather conditions and lighting among other details. Ensure that you take pictures immediately before you or the other driver moves the car.
  3. If you can’t take the pictures, you can request a bystander to do it for you.
  4. As for contact information from anyone who witnessed the accident.

When taking pictures ensure that you:

  1. Take pictures of the other person’s insurance card and driver’s license. You can also take a picture of the driver discreetly.
  2. Take pictures of the accident scene from a distance to include all the traffic lights, traffic signals, accident debris, roadway and the background.
  3. Take a close-up picture of the point of contact of the cars as well as distance photos showing the angle at which they collided.

Why You Should Let a Car Accident Lawyer Sort Your Liability Issues

In most cases, drivers blame each other for causing the accident and if you don’t know what happened, you might feel compelled to accept responsibility for an accident that you didn’t cause.

A car accident lawyer can manage your case to ensure you do not jeopardize your case. Moreover, they are more equipped to help you prove your case against the other driver.

If you are based in Plymouth, MA, you can contact us any time at 508-746-2700 for a free initial consultation. During your consultation we will review your case and help you make an informed decision whether to move forward with your case or not. Contact us today to book your free initial consultation.