Evidence Needed to Prove Fault in a Car Accident

Car crash

Car Crash Statistics

Statistics make it clear that an overwhelming 94 to 96 percent of all vehicle collisions are directly caused by human error. When such an accident occurs, there will likely be a financial loss for one or both parties. According to the law, the person who was at fault for the accident will usually be held liable for all the financial damages. 

In order to get this compensation, the person impacted by the accident will need to prove the other driver’s fault. Here’s an overview of the best ways of collecting evidence to prove fault in your claim. 

Request a Copy of the Official Police Report

It’s always important to reach out to the police after a car accident. When there aren’t any injuries, sometimes it’s tempting to keep the cops out of the situation. Doing so, however, could hinder any potential lawsuit for compensation. Immediately upon arrival to an accident scene, police begin an investigation. They look for obvious signs and evidence of what happened, collect witness statements and sometimes issue tickets for traffic violations. 

If you are pursuing a lawsuit against the other driver, then you need to request a copy of your police report. You may find specific, verifiable evidence that the other driver was negligent and at-fault. Here are a few things to look for: 

  • Traffic violations 
  • Proof of a rear-end or left-turn accident (nearly always the other driver’s fault) 

Sometimes an officer will make notes in his report about suspected traffic violations, but a ticket won’t be issued. You can still use the officer’s statements as evidence towards proving fault. 

Evaluating All the Evidence

There are other forms of evidence that may help lead to the conclusion that the other driver was negligent. Here are some of the most common types of evidence that could be used in court: 

  • Vehicle damage that proves fault (front-end damage to one vehicle, back-end damage to other) 
  • Eyewitness testimony 
  • Photographic evidence or surveillance video that shows reckless driving 
  • Social media posts from the driver at the time of the accident 
  • Phone calls or text messages sent by the driver at the time of the accident 

Using these various pieces of evidence, you’ll need to put together the story of what caused the crash. Keep in mind that the other driver will likely be implementing the same methods to try to prove that you were also careless. 

Contact a Clifton Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey

Did you or a loved one sustain serious injuries due to a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Silverman & Roedel represent clients injured because of car accidents, truck accidents and other types of motor vehicle accidents in Clifton, Paterson, Wayne, Newark, East Orange, Hackensack, Garfield, and throughout New Jersey. Call (973) 772-6411 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 1187 Main Avenue, Suite 2C, Clifton, NJ 07011.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.