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How do you prove fault in a car crash?

Anyone who has suffered injuries in a crash caused by someone else may have wondered how to prove the liability of the other party. Official police reports can be one of the strongest forms of evidence when it comes to proving liability, but the police do not respond to every accident. There are several other methods that may be used, but each state has its own laws regarding accident reporting.

Official support can help an injured accident victim make a stronger argument against the liable party. For instance, state traffic laws can be cited showing that the other driver committed a moving vehicle violation. Many local DMVs carry pamphlets or booklets containing basic forms on the state's traffic laws. Legislative websites contain the full vehicle codes that can be showed to both drivers' insurance companies.

In some situations, liability might be immediately apparent, such as with left-turn or rear-end collisions. Left-turn crashes are usually caused by drivers failing to yield the right of way to those who are traveling straight when they make left turns. At such times, it will be the turning drivers who carry most of the responsibility. However, if one of these crashes occurs because a driver traveling failed to stop for a red light, that driver may bear the responsibility. Rear-end collisions are almost always the fault of the driver in the back with few exceptions.

If an injured driver obtains an official police report but notes inaccuracies, it is possible for the individual to have the report amended. This is usually as simple as updating a vehicle model or insurance policy information. However, police reports will occasionally assign liability to the wrong drivers, which is not as easy to fix. At such times, obtaining legal assistance may be advisable.

Source: FindLaw, "Car Accident Liability: Proving Fault in a Car Crash," accessed July 28, 2014

Philpot Law Firm, PA
115 Broadus Ave.
Greenville, SC 29601

Toll Free: 866-853-3497
Toll Free: 866-853-3497
Phone: 864-990-0226
Phone: 864-990-0226
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