You can dispute car accident fault with evidence that exhibits that the other party or parties are to blame. Such evidence can be the police report, testimonies from you and eyewitnesses, and other documentation.
One of our lawyers can help you gather evidence to show this negligence.
What Kinds of Evidence Are Used to Fight Getting Blamed for a Car Accident?
The types of evidence you can use to dispute fault will depend on the facts of your car accident. Some of the evidence you might include:
Photos
Snapping some pictures of the scene and other relevant details could be an asset to your case.
Videos
If possible, try to capture some videos on your cell phone. Focus on issues that address fault and the extent of injuries.
Red Light Camera Pictures
Sometimes, a red light camera might have caught a critical moment just seconds before impact, like the other driver going through the intersection illegally.
Security Camera Videos Clips
Businesses and houses in the area might have security cameras that caught critical information for your claim. Since many business cameras record over clips every few hours, you will want to talk to them right away and ask them to save the footage.
Eyewitness Testimony
You will want to get the names and contact information of everyone who saw the accident and the moments leading up to the collision. If there is a dispute about fault, eyewitnesses could provide vital facts.
Your Medical Records
Go to the doctor as soon as you can after the car accident. Doing so will ensure that you are okay and haven’t suffered serious underlying injuries. In addition, documentation of this doctor’s visit will show that the car accident caused your injuries.
With this evidence, it might be difficult for the other party’s insurance company to dispute that their policyholder didn’t contribute to the accident.
What Should You Do If the Police Report Is Wrong?
After the car accident, you should immediately call law enforcement to the scene. When they arrive, your first step is usually to talk to the investigating officer and present your side of the story. Ideally, you will want to have unbiased third parties who witnessed the crash and agree with your version of the events. The officer might supplement the report and change the conclusions or at least include your side of the story.
When you retrieve the police report, there could be factual errors, like where the accident happened or your insurance company. These details can be easily amended. However, when the information is disputable, which in this case would be who caused the accident, making changes could be more difficult.
We recommend you write down your version of what happened and inform the police to have them make the change. Doing this task can be daunting and confusing on your own, so you may want to consider retaining our legal services for help.
What Are the Factors That Determine Fault?
The other side will have to prove all four of these factors to hold you legally responsible for their damages:
The Other Involved Party Was to Uphold a Duty of Care
All drivers are to keep all other road users’ safety a top priority and abide by all road rules.
They Breached That Duty of Care
When someone’s conduct does not measure up to the legal duty, it is considered to be negligence. Some ways drivers can be negligent include:
- Distracted driving
- Driving under the influence
- Driving while fatigued
- Speeding
- Failing to follow traffic signals and signs
This Breach of Duty Caused the Car Accident
Merely being negligent does not make you liable for the crash. For purposes of liability, the negligence must be the act that caused the collision.
The Car Accident Resulted in You Suffering Quantifiable Damages
Usually, a person must have measurable losses to pursue compensation from another party. Examples of such losses include:
- Past and anticipated medical bills
- Lost wages
- Future loss of earning capacity
- Pain and suffering
- Mental anguish
- Property damage
You may also have grounds to collect wrongful death damages if you lost your loved one to the car accident.
You Have a Limited Time to Dispute Fault in Your Car Accident Case
Don’t delay taking legal action after your car accident. In most cases, Texas Civil Practice and Remedies Code § 16.003 only gives you two years to file a personal injury or wrongful death lawsuit. If you miss this deadline, you could forever get barred from pursuing compensation for your losses.
Call in the Strong Arm to Dispute Any Car Accident Fault Against You
If you find yourself falsely accused of causing or contributing to an accident, you can call in the Strong Arm of Loncar Lyon Jenkins. We can deal with the evidentiary issues and pursue your claim on your behalf.
You can reach out to us today at (877) 239-4878 for a free consultation. There is no obligation.
