Proving Fault in a Car Accident Case

If you’ve been seriously injured, you may be able to obtain compensation from an at-fault driver. Determining who was at-fault for an accident involves figuring out who was negligent.


What Must Be Proven?

In order to establish that a driver was at-fault for an accident, there are a number of elements that must be proven that demonstrate negligence. You will need to show:

  • That the driver had a duty exercise reasonable caution while on the road.
  • The driver was negligent and did not exercise reasonable care while driving.
  • The driver’s negligence caused the car accident.
  • You were injured as a result of the car accident.

What Types of Evidence Can Prove Fault?

Even if it seems clear that the other driver was at-fault in an accident, their insurance company is going to attempt to show otherwise. That’s why it is important that you have the necessary evidence to establish fault. This evidence can include:

  • Pictures—pictures of the scene, the vehicles, and any injuries can be useful evidence. Pictures of the position of the vehicles at the scene and the road and weather conditions can also be helpful.
  • Police Reports—often, in a police report, an officer will describe the accident. This can help demonstrate what happened and show who was at fault. The police report will include the other driver’s statement to police and the statements and contact information of any witnesses.
  • Witness Statements—if there were eyewitnesses to the accident, including passengers or other motorists, they may be able to establish how the accident occurred. Third-party neutral witnesses who have no stake in your claim can provide powerful evidence.
  • Medical Evidence—you should always be treated by a doctor immediately following an accident. Medical records can establish that you were injured and that the car accident was the cause of your injuries.

Contact a Car Accident Attorney

Proving fault in a car accident case can be complicated. That’s why it is important to have an experienced accident attorney evaluate your case. At Bonina & Bonina, P.C., we have been helping car accident victims for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.