How Do You Prove You’re Not at Fault in a Car Accident?
Car accidents in Des Moines, IA, can be incredibly frightening and stressful, especially if another driver caused this collision. Fortunately, many individuals can gain compensation for any injuries resulting from this accident with the help of a Des Moines car accident lawyer.
However, it isn't uncommon for the at-fault motorist and their insurance company to try to blame those seeking compensation for this collision. This is done to avoid liability and paying out money.
Nonetheless, individuals seeking damages for their injuries can follow a few vital steps to show that they weren’t at fault for this car accident occurring. Continue reading to find out more.
What Needs to be Provided to Receive Compensation?
When filing a claim with the at-fault driver’s insurance company, individuals have the burden of establishing their right to compensation for such injuries sustained in this accident. To prove this liability in a car accident case, a person needs to show:
The at-fault driver had the responsibility to exercise reasonable caution on the road.
The at-fault driver was negligent and didn’t fulfill this duty to exercise reasonable care while driving.
The motorist’s negligence is the reason for the car accident.
The person seeking compensation was physically damaged because of this at-fault driver’s negligence.
How Does Someone Prove a Car Accident Wasn’t Their Fault?
Even if a motorist’s liability for causing this accident is established, their insurance company might attempt to blame the other driver to reduce or deny this compensation claim. However, individuals can perform some crucial steps while at the accident scene to help prove they weren’t at fault. Such steps include:
All smartphones come with cameras, which makes it convenient to document a car accident. Individuals should take pictures detailing the crash, so they can use these later to prove their case. It's vital for individuals to not only take pictures of their own car but also the negligent driver's vehicle.
Additionally, photos should be taken of the cars' position at the scene, the weather and road conditions, and anything else that might be helpful. A person might be badly injured and won't be able to take pictures. If this is the case, a passenger in the same vehicle or a bystander should take these photos.
Exchanging Contact Information
Obtaining contact information from the other driver isn’t going to prove the other driver’s negligence. However, this information is needed when filing a claim.
Contacting the Police
A person should call the police immediately after this accident has taken place. From here, a copy of the police report is made, which individuals need when proving they aren’t at fault for this car accident. This police report contains helpful information that holds a lot of power in legal disputes when establishing the other driver’s negligence.
Such information might be the other driver's statement to the police, a narration detailing how this crash took place, the police officer's conclusions stating who was at fault and if any traffic citations were issued. Additionally, this police report is also helpful proof when the injured driver is filing for an insurance claim.
Speaking to Witnesses
It’s vital to get the statement and contact information of any individuals who saw this accident take place. These witnesses are incredibly powerful in proving another driver’s negligence. This is because third-party neutral witnesses who don’t have any stake in a claim offer powerful evidence to convince an insurance company that an individual wasn’t at-fault.
Understand the State Laws for Car Accidents in Des Moines, IA
Local laws might govern what is deemed as being ‘at-fault’ for a car accident. Various aspects like right of ways and speed limits can showcase that the other driver is immediately at fault. Highlighting these aspects can prove that the affected party isn’t the reason for this accident occurring. That’s why necessary research needs to be conducted on state laws.
Retaining a Lawyer
Individuals injured in car accidents in Des Moines, IA, should hire an experienced car accident lawyer immediately after being involved in a collision. These lawyers can collect evidence, hire any necessary expert witnesses, and interview those who saw the accident take place to help prove the other driver was at fault for causing these injuries.
This helps to ensure the right party is held responsible for such motor accidents and adequate compensation is given for the other driver's negligence.