How To Prove That You Are Not At Fault In A Car Accident

Proving fault in a car accident can be a complicated legal process. You need to come to the table with enough evidence to prove your innocence, and it can feel overwhelming on top of dealing with car damages and insurance. Rest assured, the Shapiro Law Team is here to help.

This article will go over what it means to be at fault, what you need to prove your innocence, and what to do after filing an insurance claim for the accident.

What Does It Mean to Be “At Fault” in a Car Accident?

Everyone throws around the term “at fault,” but what does it mean? In general, the driver who caused the accident is the one at fault. This can be as simple as a driver running a red light at an intersection, but in other cases, it is not as easy to place blame.

Multiple drivers can be found at fault for an accident if they contributed to it in some way, such as driving while on their phones or not looking before backing out of a parking spot. This complexity is why you need to be able to strongly prove you were not at fault for the accident.

What You Must Prove to Receive Compensation for Your Injuries

When you’re filing a claim for a car accident that wasn’t your fault, you have to be able to prove the other driver’s negligence directly caused your injuries. There are four main points you need to prove to receive adequate compensation:

1. The driver at fault had a duty to be careful while on the road.
2. The driver did not abide by this duty and was negligent.
3. This negligence led to the car accident.
4. This car accident directly caused the injuries in question.

How Do You Prove a Car Accident Was Not Your Fault?

In order to prove the car accident was not your fault, you need to collect as much evidence as you can to support your claim. You need to be able to prove without a shadow of a doubt you were not responsible for the accident and are not to blame. When gathering your pile of evidence, grab everything you can, no matter how small or insignificant. Try to find different types of evidence to strengthen your case.

Examples of the types of evidence you can gather include the following:

• Photo and Video: One piece of evidence you can collect on your own is photos and videos. Take as many photos and videos as you can of the accident site, the state of your car, and even things like tire tracks on the road. This can all be used as evidence the accident was not your fault.
• Police Report: No matter the severity of the accident, do not leave the scene until the police arrive and you file a police report. Be as thorough as you can and give a ton of details on what happened and how it happened.
• Witness Statements: If you can, find any witnesses who saw the accident happen and get a formal statement from them. If they can vouch you were not at fault for the accident, this will be a serious boost for your case. Try to get these statements in writing or on video; this way you have formal evidence of the testimonies.
• Traffic Camera Footage: Check to see if the accident happened near a traffic camera or a security camera on a nearby building. Try to get the footage and see if the accident was recorded. If it was, this could be further evidence that proves your innocence.
• Medical Records: After a car accident, you should go to a doctor and get yourself checked for any injuries. Even if they are minor, you should get a record of these injuries as proof the accident caused them. A lawyer can use these injuries to prove you were the victim of the accident and not the cause.
• Research Traffic Laws: Knowing the ins and outs of the traffic laws in your area can help you better argue your innocence and show you are a safe driver who abides by these laws.
• Cell Phone Records: Providing your cell phone records at the time of the accident can help prove you were not distracted or on your phone while driving. It can also act as evidence you contacted the police shortly after the accident and followed the proper procedures.
• Doctor’s Report: If you sustained injuries from the accident, you can get them looked at by your doctor and have them create a formal report. This report will go into how these types of injuries could be sustained and how you got them in the first place.
• Insurance Assessment: When filing a claim with your insurance, they should send someone out to assess the damage to your car. This report will be an in-depth look at how your car was damaged and the severity of these damages. It can be used as evidence you were not at fault for the accident, such as if you got rear-ended and your rear bumper was crushed.

Call for a Free Consultation

I Filed an Insurance Claim in a Car Accident That’s Not My Fault. What Do I Do Next?

1. Don’t Admit Fault: First things first, don’t admit fault in an accident. Be careful with what you say while filing the police report and talking about the accident, as many things will be taken as an admission of guilt. Be factual with your statements and do not admit to anything.
2. Avoid Posting on Social Media: We know the internet is readily available at our fingertips, and you may be tempted to post about your accident, but this is not a good idea. Posting the accident online or posting a ton on social media doesn’t look good for you. Lawyers will use these posts against you while you file your claim, so keep your social media posts to a minimum.
3. Be Cautious About What You Say: As mentioned previously, be careful with what you say. The defense is looking for anything and everything they can to pin the accident on you, and they will pick apart everything you say. Choose your words carefully, and don’t let your emotions get the best of you.

A Car Accident Attorney Can Help Prove You’re Not At Fault

If you found yourself in a car accident and are now trying to prove your innocence, you need professional legal help. Shapiro Law Team is your group of local attorneys in Arizona who are ready to help you win your case. With years of experience and hundreds of case wins under our belts, our motor vehicle crash attorneys will fight for your rights and prove your innocence in a court of law. We work on a contingency fee basis, meaning you don’t pay us a dime unless we win your case.

Looking for a personal injury law firm in Phoenix, Arizona? Contact Shapiro Law Team today to speak with one of our attorneys. We will create a client-centered plan of attack so we prove without a shadow of a doubt you are not at fault.