Tips to Prove an Accident's Cause and Liability

You must prove the cause of an accident and link it to the defendant before you can receive compensation for damage. Otherwise, the defendant might argue alternative causes, such as natural causes, that allow them to escape liability. Below are some of the things you can use for the proof.

Police Report

The police generate an accident report whenever they respond to an accident scene. Such a report contains, among other things:

• The accident location
• The parties involved in the accident
• The vehicles involved in the accident
• The date and time of the accident
• The officers' views on the cause of the accident

The police report is not the absolute authority on an accident's cause. However, the report often carries great weight with parties connected to an accident. Thus, you can use the report to prove why the other party is liable for your damages.

Eyewitness

Eyewitnesses are those who have firsthand information about the accident. Eyewitnesses include:

• Those who saw the accident happen
• Those who heard sounds of the accident
• Those who smelled a burning odor after the crash
• Those who heard the other driver talk about the accident

Get witnesses' contact information immediately after a crash. That way, you can follow up and get statements or testimonies from them to prove your point.

Criminal Conviction

Auto accidents do not always lead to criminal charges. However, some accidents do trigger criminal charges and even result in convictions. If that is the case with your accident, you can use the conviction to prove the accident's cause.

Consider a case where a driver runs the red light and crashes into your car. If the authorities prosecute and convict the driver of reckless driving, you can use the conviction to prove the driver caused your accident.

Maintenance or Service Records

Some accidents occur due to poor car maintenance or service. For example:

• Worn tires can burst and cause a driver to lose control of their car.
• Worn brakes can lead to an extended braking distance that can lead to a collision.
• A cracked windshield can lead to poor visibility and cause a driver to hit another motorist.

Some of the defects might show up in service or repair records. In such a case, you can subpoena the records and use them to prove your case.

EDR Data

Many modern cars have Event Data Recorders (EDRs) that record vital information about the car. Some of the data EDRs can capture include:

• Acceleration or braking
• Seatbelt use
• Sharp cornering
• Activation of collision avoidance systems

Thus, if the other car is new, you can retrieve the EDR data and use it to prove the accident's cause.

Phone Records

Distractions, such as phone use, are common causes of auto accidents. Even a few seconds of phone use can lead to a crash. You should pursue the other driver's phone records if you believe they crashed into your car because of phone distractions. The records might show, for example, that the driver sent a text message or received a call just before the collision.

Photographs or Video Footage

Camera footage, in the form of photographs or video, is a gem as far as auto-accident evidence is concerned. Video from security cameras or other motorists might capture the other driver's negligence (such as phone use) just before the crash. You can use the footage as evidence in your case as long as you don't tamper with them.

Find the proof you need to get the damages you deserve. Frank W. Thompson can help you hunt for the evidence you need and prove your case. Frank has practiced personal injury law for over 35 years. Contact us to review your case and help your pursuit of damages.