Before you can receive compensation for a car accident, you are required to prove the other driver caused the wreck or was “at fault” for the accident. Proving fault in a car accident case can be a complex undertaking, especially in cases involving multiple vehicles. Tennessee auto accident attorneys understand the elements of fault and how to use the evidence in a case to prove the other driver was responsible for causing the crash.
Fault is Easier to Prove in Some Car Accident Cases
The factors that contributed to the car crash sometimes are so clear that they make proving fault easier. For example, anytime a driver rear ends another driver, the driver in the rear is at fault. Drivers have a duty to pay attention to the road ahead and take steps to ensure they can avoid colliding with the vehicle in front of them even if traffic stops suddenly without warning. There are a few exceptions, but generally fault in a rear-end crash is easy to prove.
Accidents involving a driver turning left in front of another driver typically lead to a determination that the driver turning left was at fault. However, there are also exceptions to this general rule because the driver turning left may have the right-of-way. Other factors could also impact fault in these cases.
Because there are so many variables that could impact fault in a car accident, it is best to consult a car accident attorney before accepting fault for a crash. The other driver may be partially responsible for the crash, which can change how compensation is calculated for a car accident claim. Depending on the percentage of fault assigned to both drivers, you could be entitled to receive compensation even if you were partially at fault for the cause of the accident.
Evidence Used to Prove Fault in an Accident Claim
Proving fault involves gathering evidence from a variety of sources. Some of the evidence that is typically used in a car accident case to prove fault includes:
- Physical evidence from the crash scene, such as measurements of skid marks, photographs, videos, road debris, location of traffic signs and signals, etc.
- Videos from traffic cameras, security cameras, or dash cams
- Physical evidence recovered from the vehicles, including crash damage and data recovered from on-board recording devices
- Driver and eyewitness testimony
- Testimony and evidence obtained from expert witnesses, including engineers, accident investigators, and accident reconstructionists
- Medical records to describe physical injuries
- Weather reports
- Cell phone data and records
- Maintenance records for the vehicles
- Recall information regarding the vehicles
- Police and accident reports
Gathering and preserving evidence from a car accident is a crucial step in proving fault. The sooner the car accident investigation can begin, the sooner an attorney can work to prevent key evidence from being lost or destroyed.
Contact Our Tennessee Car Accident Attorneys for More Information
You deserve to receive full compensation for your damages, injuries, and losses after a car crash. However, many insurance providers are more interested in protecting their profit margins. Therefore, they may deny liability even though their insured is responsible for causing the crash.
Contact the personal injury attorneys at Cummings Law today. Our experienced Tennessee car accident attorneys can help you investigate the crash to determine fault. We can protect you from unfair tactics used by some insurance providers to deny or undervalue injury claims. You do not need to try to handle your claim alone. We can help.
Posted in: Car Accidents