Proving Fault if You're Injured in a Car Accident

Don't Assume You Won't be Accused of Being at Fault

Just because the facts of your accident may appear to speak for themselves, do not assume the other party will accept liability. Even if the person who caused the accident admits fault at the scene of the accident, their insurance company will look for any reason to diminish their responsibility for the accident. Some accidents are easier to evaluate than others. For example, rear-end accidents that result in injury tend to be fairly straight forward. However, even a cut-and-dry rear-end accident may result in the person who rear-ended you claiming they are not entirely responsible for the accident. If the at-fault party (or their insurance company) does not accept liability, you will not receive fair compensation to cover your medical expenses.

Hire A Personal Injury Lawyer

If you were injured and are now facing the at-fault driver's insurance company, you are at a disadvantage. If the insurance adjuster is claiming their insured driver is not at fault, you are not alone: millions of people have been in your same situation. Fortunately, a good injury attorney is well-versed in the many tactics that insurance companies use to deny liability. Finding an attorney who is experienced in car accident cases will ensure you do not get taken advantage of. Many of the reasons insurance adjusters state for denying liability are weak and easy to overcome if you have heard the excuses before.

Rear-End Collisions

A common myth is that if you were rear ended, the person who smashed into the back of your car will automatically be found at fault. This is not true. Expect the insurance adjuster to look for reasons you may have contributed to the accident. Your best course of action is to immediately contact an auto accident lawyer if you were injured in a rear-end collision. The more you say to an insurance adjuster prior to being represented, the more likely you are to harm your case. This does not mean you are not smart or articulate or honest. Remember, insurance companies are some of the most profitable corporations in the world. They make more money by paying as little as possible on your injury claim. A good personal injury attorney will quickly get around the weak excuses insurance adjusters use to deny liability if you were not at fault. 

Take Photos

Often times insurance adjusters will claim the position of your car in the roadway somehow contributed to the rear-end accident. Or, they will say the impact was too minor to cause an injury. They may say you used your brakes too fast, or that their driver saw you looking away from the road. Whatever the reason, you can first take photos of the surrounding area on your cell phone, as well as any tire marks, and of course photos of all vehicles involved.

Get a Police Report

A police report may help your case. Although officers are not always right in their evaluation of who is at fault, chances are if you were hurt in a rear-end auto accident, the officer will put the car in the rear at fault. This will help your case. However, if you were put at fault, this is not conclusive. Police officers are not judges. A good injury attorney can overcome fault being attributed to their client, if in fact the client was not at fault. 

If you have any questions about an accident you may have been involved in, contact The Lions Injury Lawyers, P.C. today. We're prepared to fight to recover the maximum amount of money on your behalf to compensate you for your losses.