Most people expect others to behave reasonably after a car crash. When the situation makes it clear that one driver was to blame because they ran a red light, swerved into oncoming traffic or otherwise made mistakes while driving, it is natural to expect that they should take responsibility for their poor choices.
Unfortunately, those who cause crashes are often loathe to acknowledge what they did wrong. They might outright lie to police officers during the crash reporting process in an attempt to avoid responsibility. Their attempts to avoid responsibility can raise questions about who is at fault and what insurance policy might apply.
How can those involved in a recent collision prove that another driver was the one at fault?
Preserving evidence as soon as possible
One of the most important steps a driver can take after a crash is to preserve crucial evidence. Frequently, it is necessary to move the vehicles so that other oncoming traffic can continue to use the road safely.
Before doing so, using a mobile phone to take pictures or record videos can be a smart decision. The pictures or videos captured could help with a crash reconstruction later if the other driver denies their culpability for the crash.
Drivers can also use their phones or a pen and notebook to gather information about the various witnesses who may have been present at the time of the collision. Those outside parties can provide testimony that can affirm what actually happened during the crash.
Seek out objective evidence when possible
In cases where one driver suspects that the other might be under the influence of drugs or alcohol, they likely need to convey that suspicion to police officers. A timely chemical test can provide clear proof that intoxication was a factor in the wreck.
Other times, a driver may have had their phone in their hands when they caused the crash. Attorneys and police officers may be able to obtain cell phone records proving that someone just sent a text message seconds before the crash occurred.
In some cases, there might even be video footage of the crash, the moments leading up to it or its aftermath. Traffic cameras, nearby security cameras and even dashboard cameras in vehicles can provide objective evidence about what transpired before and during a collision.
Drivers fighting an uphill battle to hold someone else accountable for a car crash may need help. Proving who was to blame for a motor vehicle collision is crucial for those who need to file an insurance claim or a personal injury lawsuit to cover their costs.