How to Prove the Other Driver Is at Fault

Categories: Accidents

How to Prove the Other Driver Is at Fault

You’ve been in a car accident in California. How do you prove it was the other driver’s fault? If he hit and injured you, it is up to you to prove the accident was his fault before you can recover any damages for your injuries. At Neale & Fhima, we are skilled and experienced in proving the fault lies with the other driver. Talk to one of our attorneys today about how we can help prove your case.

#1 Police Reports Are Very Helpful For Proving Fault

Police in California are busy people and do not always come to the accident scene, although they will usually show up if the crash is serious, especially if injuries are reported. But if it is a crash with minor damage, the police dispatcher often will tell you and the other driver to handle it yourselves. This means exchanging information between all parties in the accident.

If the police do show up, the crash report is an important piece of evidence. The report is a summary of the police officer’s view of the accident. The report will note:

  • Vehicle positions after the accident
  • Debris on the roadway from vehicles
  • Skid marks
  • Vehicle damages
  • Weather conditions
  • Road conditions.

If the police officer notes on the form who he thinks is at fault, this is a strong piece of evidence. Of course, the police report is not always accurate and can be challenged by a good attorney. A police report is a helpful tool, but not the sole means of determining fault for the accident.

#2 California Vehicle Code Can Be Used to Show Fault

The California Vehicle Code can also be useful to prove the other driver was at fault. If you can prove the other driver violated California law when the accident happened, you have more leverage on your side.

If you can prove that the other driver broke the law and that violation was a major factor in the accident, you may prevail in court.

#3 Proving Liability in Rear-End and Left-Turn Wrecks

These are the simplest accidents in which to prove fault. When a car rear-ends another car, it is nearly always the fault of the driver in the back. But there are exceptions. If you are driving straight and the car in front of you slams on their brakes for no reason at all, you might be able to prove you were not at fault.

Regarding left-turn accidents, if the other driver strikes a car going straight through an intersection, it is usually the fault of the left-turning car. The car that is going straight almost always has the right of way. But if the car that went straight was going 20 mph over the speed limit, this can cause the blame to shift.

Were You In An Accident? Let Us Prove the Other Driver Was At Fault.

Car accidents can get complicated quickly. Sometimes fault is not easy to prove. The issue of liability could be the difference between your walking away with a big settlement or nothing. To make sure that the blame for the accident ends up with the other driver, you will need the skills of the experienced car accident attorneys at Neale & Fhima at your side. Give us a call today for a free car accident legal consultation.