How Do I Prove Who Was At Fault If I Was In An Auto Accident

A personal injury attorney can help you figure out how to prove you are not at fault in a car accident.In Iowa, if you are liable for an accident, you are personally responsible for paying for all the damages incurred by the other party, even if it exceeds your insurance limits. If there is a possibility the other party in the accident is going to sue you for damages, you need to know how to prove the accident wasn't your fault.

What Does Fault Mean in a Car Accident?

If you are at fault in a car accident, that means that you caused the accident. In some accidents, no one is at fault. Inclement weather and icy roads can cause cars to spin out of control even when drivers are using extreme caution. However, in most accidents, a driver's negligence is a contributing factor.

You are negligent if you (1) owed a duty to the other drivers, (2) breached that duty, (3) caused injuries to the other drivers, and (4) the other driver suffered damages due to the injuries. You, and all drivers, owe a duty to act with the same level of care a reasonable person would use in the same circumstances. Drivers can breach that duty in many ways. If a driver speeds, ignores traffic signals, changes lanes unsafely, or makes any number of other unsafe choices, they have breached their duty to the other drivers around them. If their breach causes an accident, they are at fault.

How to Prove You Are Not at Fault in a Car Accident

If you find yourself accused of negligence, you need to know how to prove a car accident wasn't your fault. Your best chance of proving you were not at fault in a car accident is to gather all the evidence available.

Talk to Witnesses

You should look for any traffic cameras that may have recorded the accident, talk to any witnesses, and ask for the police report. You need to be able to reconstruct the accident to pinpoint what the actual cause was. Witnesses may be able to explain how the accident happened and which car caused it.

Look for Video Footage

If you are wondering how to prove a car accident wasn't your fault, video footage is a good place to start. If you can find traffic cameras, security cameras, or bystanders who might have been filming, you may be able to find a recording of the accident. Depending on the angle, you could use the footage to show exactly what caused the accident and that you are not at fault.

Ask for the Police Report

Typically, at least one police officer will report to the scene of an accident and fill out a police report. The report has valuable information about how the accident happened and who was potentially at fault. You can use the police report in a dispute in which the other driver claims you were at fault.

How Can a Lawyer Help?

personal injury lawyer works with car accident victims every day and knows how to prove you are not at fault in a car accident. They understand traffic laws, Iowa's tort laws, and the elements of negligence. They can help you understand every step of the process, gather evidence, and determine how to best defend you. A personal injury attorney understands the importance of details in a car crash and will represent you well. If you are wondering how to prove a car accident wasn't your fault, contacting a personal injury lawyer is an important step.