The Cassidy Law Firm Blog

Thursday, January 21, 2021

How to Prove Liability in a Car Accident Claim

When you have been injured in a car accident, the last thing you probably want to think about is a fight over who caused the accident in the first place. Proving this, however, is critical to your legal right to recover compensation for your damages from the liable party. While it is often clear who was at fault in causing an accident, other times it quickly devolves into a he-said-she-said situation. Here we will discuss how liability in a car accident can be supported by concrete evidence.

How to Prove Liability In a Car Accident Claim

If you have been injured in a car accident, the police will most like show up to the scene. An officer will talk to all drivers involved and maybe some witnesses as well. Tickets for traffic violations may be distributed. An official accident report will be generated as a result. In the accident report, the officer will detail the accident as he or she has pieced it together from both driver’s statements, witness statements, and any other relevant evidence found at the scene, such as property damage. The officer may also make a statement in the report as to who is liable for the crash. The accident report often acts as valuable evidence in proving liability in a car accident claim.

Witnesses can also play a critical role in proving liability in a car accident claim. If you are injured in a car accident and are able to do so, be sure to gather witness names and contact information. These are people who can corroborate what happened with the accident and help establish who was at fault for causing the accident.

Red light cameras and security cameras that may have captured the accident can also help prove liability in a car accident claim. These will often generate digital recordings of what actually happened at the accident scene. It may even reveal dangerous driver behaviors, such as distracted driving (i.e. talking on a cell phone or texting) that can be indicative of fault for the crash.

Property damage and things like skid marks at the scene can also help prove who caused an accident. In some cases, accident reconstruction experts are utilized in order to use this type of evidence to create a detailed story as to what happened to cause the accident. Through examination of the force of impact and where the impact on a vehicle occurred, along with other relevant evidence, an accident reconstruction expert will likely be able to reconstruct what happened in the accident and even down to such details such as how fast a driver was likely going at the time of impact.

New Jersey Personal Injury Attorneys

Have you been injured in a car accident? Cassidy Law Firm is here to fight the legal battles for you. You should not have to worry about proving liability. That is our job. Contact us today.


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