How Attorneys Prove Fault In Car Accident Cases: Your Secret To Winning

How Attorneys Prove Fault In Car Accident Cases: Your Secret To Winning

If you were hurt in an auto accident, it is highly probable that accident was the fault of one of the drivers involved. Driver negligence or error is the cause of around 98 per cent of all car accidents. Typical negligent “at fault” driving behavior includes: aggressive driving, distracted driving, drowsy driving, drunk driving, and speeding. More often than not, it is the driver who engages in one these negligent behaviors who is found to be at fault in the accident. What this means for the at-fault driver is that they are liable for the damages and injuries sustained in the accident, and that their insurance company (provided they have one) is going to have to foot the bill for it all.

Insurance companies are businesses first. Their goal is to make money for themselves and their shareholders, not to give it away to you. An insurance company will always demand to see your proof of liability before any settlement is paid.

It may seem obvious who caused an accident. If you were idling at a red light and you were rear-ended by a different car, It should be should not be difficult to prove that the driver of the other car is to blame. But, if you were side-swiped in high-speed traffic, it may not be so obvious. If you were hurt in a car accident that was not your fault, it is your car crash lawyer’s job to prove that the other driver was at fault.

So, how does a lawyer prove fault after a car accident?

Rear End Accidents

Sometimes, proving fault after an accident is pretty straight forward. When you driving, you are responsible for making sure you are following the rules of the road. For example, you must follow at a safe distance that allows you enough room to stop should the car you are following come to a suddenly brake. For this reason, most rear end accidents are considered to be the fault of the driver who does the rear-ending.

Left-Turn Collisions

Left turn accidents are almost always the fault of the driver making the left turn. Most commonly, vehicles approaching an intersection straight on maintain the right of way.


There are exceptions, of course. If the car going straight runs a red light or is speeding, that driver may be partially or wholly at fault. While a driver who is rear-ended is usually not at fault in accident, if their vehicle had broken brake lights for example, then that driver could be to blame for the accident.

In these cases, it is important that the not-at-fault driver has the help of an attorney both to prove fault and to make sure that the driver is not held liable for an accident he did not cause.

Proving Fault

When lawyers prove liability they use any and all evidence from the accident scene, including:

• Police reports

• Witness reports

• State traffic laws or vehicle codes

• Vehicle damage

• Photos of the accident scene

• Medical records

• Accident reconstruction

After a car wreck, your accident attorney will use this evidence to support your claim for compensation from the insurance companies and ensure that you get are paid fairly for your medical costs, pain and suffering, lost income, property damage and other losses. Proving which party is at fault is just one of the many ways car accident lawyers help injured victims fight insurance companies.