If you are involved in an automobile accident and suffered a serious injury, you will need to prove the other driver was at fault to get money from the insurance company. This requires the help of a lawyer who must present a case for the other driver's fault to their insurance company. The underlying issue, however, is that insurance companies will often attempt to limit their liability to pay as little as possible. So, it's suggested that the carrier provides his/her lawyer with detailed evidence of the accident that can prove the other driver was at fault.
Here is a breakdown of what your lawyer will need to prove someone else hit your vehicle.
One of the most common ways to prove the other driver hit your car is by obtaining a copy of the police report filed from your accident. When an accident is serious, police or first responders will typically be the first to arrive at the scene and will subsequently file an official report based off their observations. These observations could include anything from traffic violations the driver committed, damage to each vehicle, skid marks, or eye-witnesses.
Sometimes, however, police and first responders do not show up to the scene of an accident. In these instances, it's encouraged that you file a report with the local police department following the incident that can be used later to prove liability.
Immediately after the accident, you should begin to assess the damage caused to your vehicle and document everything with your cell phone camera. Take pictures of each vehicle - circling the entire car(s) - and the surroundings of the accident scene (traffic signs, intersections, sidewalks, etc). When insurance adjusters assess your vehicle damage through pictures, they will be able to determine if your damage came from another vehicle which, in turn, can prove liability.
For example, if you injured your back as the result of a rear-end collision, pictures of the damage to your rear bumper will almost certainly prove that the accident was caused by the other person involved in the accident. Traffic laws require that drivers must travel at a safe distance from your vehicle. If they hit you, they are in violation and at fault.
If you're injured in a car accident, paramedics will take you to hospital. However, if they don't, it's important to go and seek treatment for your injuries immediately. Don't wait. Obtain records from the hospital and any follow-ups with your physician to prove the degree of your injuries and the seriousness of the accident.
KNOW YOUR TRAFFIC LAWS...AND USE THEM TO YOUR ADVANTAGE
Violated traffic laws are a very important aspect of proving fault in your accident claim. Speeding, illegal turns, failing to yield, traffic light violations and driving with a broken headlight/taillight are some of the most common driving mistakes that cause accidents. You can find details of all traffic laws online in the Pennsylvania Department of Motor Vehicle's (DMV) official vehicle code.
If your lawyer can present clear evidence that a traffic law was violated by the other driver - even if they weren't cited by the responding police officer - it will go a long way toward proving they were indeed the one who caused the crash.
Let Dugan & Associates Help You!
We know proving fault in a car accident can be a complex situation, but that's why Dugan & Associates is here to help. If you or someone you love was hurt in an accident, our team is ready to look at your case. Our experienced lawyers will make sure you receive the maximum monetary compensation available to you. Give us a call at 412-353-3572 or contact us online today for your FREE consultation.