Personal Injury Lawyer
A car accident is bad enough, but it can really be frustrating when the other driver claims that the collision was your fault when it wasn’t. If you find yourself in this situation, there are two important things to keep in mind. First, while the other driver may be purposely lying to try to get out of responsibility for the accident, it is also possible that he or she genuinely believes that you were at fault. Second, the person who is legally at fault for the accident is not always the person who caused it. Therefore, the other driver’s claim may have some truth to it from a legal perspective.
Fortunately, the court does not rely solely on the word of either driver when making a determination of fault. Rather, it will take several different factors into consideration.
Physical evidence usually takes the form of photos or video of the accident scene. If there is footage depicting the accident itself, that could be extremely valuable to your case. However, it can also be helpful to take photos or video after the fact. Try to do this as soon as possible after the accident. Enlist the help of family or friends if you are not able to take care of it yourself.
A police officer who responds to the scene will take a statement from you and the other driver. He or she will take both into consideration when writing the report and produce an objective account of what occurred during the accident. Police reports carry an enormous amount of weight with the court. Be sure that you provide a clear, detailed, and factual account of what happened and avoid saying anything that could be construed as an admission of guilt.
There may not be witnesses to the accident, but if there are, you should try to collect their testimony, or at least their contact information so you can get in touch with them later. They are neutral observers and do not have anything to gain by misrepresenting what they saw.
A judge and jury will also take your credibility into consideration, as well as that of the other driver. In other words, each individual will make a personal assessment of both you and the other driver to decide who is more trustworthy and which story seems more believable.
It’s understandable to feel angry when someone accuses you of being at fault for a car accident. However, try to channel that negative emotion in constructive ways. One of our attorneys may be able to help you prepare and present your case.