How Can Fault Be Proven in an Accident?

August 10, 2023 | By Impact Legal Car Accident Attorneys
How Can Fault Be Proven in an Accident?

If you were hurt due to another person's negligence, you should not have to bear the burden of costly medical bills, the income you will lose as you recover, and other losses. You can file a claim against the careless party who caused the accident resulting in injuries, but filing these claims is not easy. To recover the full damages you deserve, you must prove that another person was at fault, which is challenging. Below, our Arizona personal injury lawyer outlines the main types of evidence attorneys use when proving a case.

Accident Reports

If you were involved in an auto accident, there is likely an official report filed by police. While you are only required to report accidents to law enforcement in certain situations, it is always recommended that you call the police after any crash. Police will visit the scene and write and file a report, which may indicate the other driver was at fault. You can obtain this report days after the crash, which can help strengthen your case.

Official reports are not filed after every type of accident. Still, there may be other types of reports related to your accident. For example, if you were hurt after slipping on a spill in a grocery store, the owner may ask you to fill out an incident report. Always ask for a copy of this report or any other you fill out after an accident, as these can also help your case.

Eyewitness Statements

Eyewitness statements are taken seriously by insurance companies and the courts. Witnesses do not have anything to gain or lose in a personal injury claim, and their statements are generally considered to be quite credible. After an accident, it is critical to locate eyewitnesses and obtain their name and contact information. Your attorney may need to contact them in the future.

Photographs and Video Footage

Just about everyone has a smartphone on them these days, and they are very useful in the moments following an accident. Pictures and video footage provide some of the best evidence that can be used to determine fault. 

Take photos of the accident scene as a whole. Take multiple photos from several different angles. Also take pictures of anything that is relevant to the accident scene. For example, if another driver ran a stop sign, causing a crash, you should take a picture of the sign to prove its location and that it was clearly visible. Also take pictures of your injuries so you can show the severity of them at the time of the accident.

Even if you do not have a camera, you should ask someone else to take pictures for you. In these instances, video footage from businesses can also be very useful. If you were injured in a retail store, for example, they likely have a video surveillance system for security reasons. An attorney can subpoena the footage from the date and time of your accident to prove how it occurred. Businesses also often have surveillance on the exterior of their property. This footage can be useful when your accident occurred nearby and may have been recorded.

Communication Records

Insurance companies are very skilled at getting claimants to admit fault. They will take detailed notes about the statements you make. They do this so they can take your words out of context and use them against you in the future. If they can prove that you were at fault, it can greatly reduce the amount of damages they are liable for paying. 

You should also take detailed notes about the conversations you have with anyone from the insurance company. Write down any adjuster's name you speak to, what was said, and when the conversation occurred. If you receive any letters or emails from the insurance company, you should also always keep these. When working with an Arizona personal injury lawyer, they will also communicate with the insurance company on your behalf, and will not allow them to get away with their deceptive tactics.

Safety Recall Information

Car accidents and slip and falls are just two types of personal injury accidents. Many people are also injured by defective products. For example, a defective drug can cause very serious injuries, including an overdose. If you were injured by a faulty product and it had previously or recently been recalled, this can prove that it was what caused your injuries. Showing that the product was defective and that the manufacturer knew it and issued a recall can greatly help your case.

Physical Evidence at the Scene

There is often a lot of physical evidence at the accident scene that can also prove someone else was at fault. For example, a broken bumper can show that another driver hit your vehicle from behind, which generally means they are at fault for the accident. Or, if a heavy object fell from a high shelf in a retail store and hit you in the head, you should also keep the item. Business owners should keep their premises in a safe and clean condition so no one becomes hurt. Proving they did not can help establish liability.

Accident Reconstruction Testimony

Attorneys often work with accident reconstruction specialists to prove fault after an accident. Accident reconstruction specialists use computer technology along with other evidence, such as photographs, to prove how an accident happened and who was at fault.

Our Personal Injury Lawyers in Arizona Can Prove Your Case

If you have been injured in an accident, you need important evidence to support your personal injury claim. Unfortunately, identifying and collecting this evidence is very difficult when you are trying to recover from serious injuries. At Impact Legal, our Arizona personal injury lawyers know the best types of evidence to use in accident claims, and will collect it on your behalf so you can focus on getting better. Call us now at 602-345-1818 or contact us online to schedule a free consultation with one of our experienced attorneys.