How Do I Prove Liability After a Car Accident?

June 1, 2021

Unfortunately, car accidents are common occurrences. If significant injuries happen and another vehicle is involved, it is very important to affirm who is at fault. An experienced lawyer can help their client present a strong personal injury case. Listed below are some ways to help establish liability.

Ensure the Police Report is Accurate

Any accident that causes injuries and results in significant damage to vehicles or other property will spur a police response. The police report is the first corroborative piece of information that may or may not help to prove liability after a car accident.

While fault might be obvious in many instances, a police report does not necessarily mean the report is accurate. That is especially true if a person was injured and wound up taking an ambulance ride to the hospital. While the car accident victim obtains medical treatment, the other party is telling their side of the story.

If the investigating police officer cites one party for a moving violation, that will go far in establishing fault. In such cases, the police report likely concludes with the ticketed motorist at fault for the accident. However, it is possible for both motorists to be ticketed for moving violations, which could greatly complicate proving liability after an auto accident.

Identify Witnesses

If there are any witnesses who can affirm one’s side of the story, it helps greatly to obtain their contact information. People who clearly saw what happened and are willing to make statements supporting one’s case as the victim can help to establish liability.

Record the Accident Scene

Many drivers also carry cellphones that have cameras capable of taking photographs and making video recordings of the scene. If the offending driver is making obvious statements admitting fault, they might get lucky enough to record it. A victim also might be able to record quick witness statements, but they need their contact information.

Witnesses are most effective when they are willing to undergo a deposition, which gives their statements the greatest credibility. Supporting photographic evidence and videos made at the accident scene also might help to affirm liability.

Expert Witnesses and Vehicle Data

Contested cases that involve costly injuries and potentially high settlement amounts might require a forensics expert who can reconstruct the accident.

Modern vehicles have onboard computers that can record revolutions per minute (RPM), when the brakes are applied and how hard, and even vehicle location and direction of travel. Virtually all current-production vehicles also have satellite-based tracking, which can help to affirm which streets a vehicle traveled when tracking data is available.

Delaware County Personal Injury Lawyers at Eckell Sparks Help Car Accident Victims Determine Liability

Many motorists wind up in auto accidents due to no fault of their own, but they still find it nearly impossible to resolve the matter quickly and correctly. The experienced Delaware County personal injury lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can help. Call us at 610-565-3701 or contact us online to schedule a free consultation. Located in Media and West Chester, Pennsylvania, we serve clients throughout Delaware County, Chester County, and Montgomery County.