The question "Who was at fault for the accident?" often looms large after any kind of vehicle crash. That's because:
- When fault for a car accident is in dispute, it can delay the car accident settlement process.
- Fault may become a critical factor if your losses exceed available car insurance policy limits.
- Fault can also play a role in an insurance company’s decision to raise a policyholder’s insurance rates after an accident.
Preparing Your Fault Case Starts At the Car Accident Scene
Once the car accident scene is made safe, and everyone who needs medical care has received it, it's time to gather as much information as possible, because it will almost certainly come in handy down the line.
Gather Information From Others After a Car Accident
This includes:
- the names of other drivers involved in the accident
- their contact information, and
- their insurance information.
Do the same for any passengers (especially if they're injured) and any witnesses who may have seen what happened.
Take Pictures That Might Help Tell the Fault Story
There will be obvious things to photograph, like damage to vehicles, skid marks, and injuries. But don’t neglect to take pictures of the overall accident scene.
Get as many panoramic photos of the area that shows what conditions were like, including the weather. If there was a malfunctioning stoplight or missing/obscured traffic sign, take a picture of that, too. The goal is to gather as much objective evidence as possible in case the other driver denies liability by trying to change the facts surrounding the accident.
Let’s say the other driver ran a stop sign and hit you. Even if they admit this mistake right after the accident, they might say something different later on. For instance, they might argue the stop sign was laying on the ground, and that’s why they didn’t see it. If you have pictures of the intersection showing that all the stop signs were upright, then you’ll have a much easier time proving the other driver was at fault.
Learn more about the best steps to take after a car accident.
What Does the Police Report Say About the Car Accident?
If a law enforcement officer came to the scene of your car accident, some kind of report was almost certainly generated as a result.
A car accident police report will include details about:
- where the crash occurred
- who was involved
- who was injured, and
- where vehicle damage was located.
In some instances, the reporting officer also transcribes witness statements, makes notes regarding vehicle positioning and location of debris, and records other factors that might weigh into the determination of who caused your car accident.
Is There Video of How Your Car Accident Happened?
If your accident occurred in front of a group of people, there’s a good chance someone used a smartphone to record a part of the accident or the events after the crash. If such footage exists, ask the person to send you a copy of the photos or video. At the very least, get the person’s contact information.
There could also be video footage from a security or traffic camera. You don’t need to get a copy of the footage immediately after the accident, although you should if possible. But at the very least, make a note of where the camera is and any details that might indicate who owns or controls it. This information will come in handy if you end up in a lawsuit. Learn more about getting surveillance video of a car accident.
Tell Your Story With a Car Accident Journal
Create a journal in which you record what happened right before, during, and after the accident. In addition to including information about any injuries, vehicle damage, and evidence you might have, including:
- names and contact information for all drivers and passengers involved in the accident, and any witnesses
- anything the other driver or witnesses said at the scene of the accident
- the responding officer’s name, badge number, and department they worked for
- any observations you had, like the other driver smelling of alcohol, or some indication that phone use might have played a part in causing the crash
- what you saw, heard, and felt before, during, and after the accident
- how your injuries continue to affect you physically and mentally, and
- other effects the car accident and your injuries have had on you and your life.
Piecing Together the Car Accident Fault Puzzle
Some of the above information will be handy if you end up in a lawsuit where the other driver says you're at fault for the car accident. But even if things never get to the litigation stage, you can use this information when filing a car insurance claim or assisting in an investigation by your insurance company. Let’s use a hypothetical to illustrate.
You get into a car accident in the parking lot of a restaurant. The other driver backed out of a parking spot without first looking to see if there was any oncoming traffic. But they claim you were speeding and that that they pulled out well before you approached, so you had plenty of time to see them and avoid the accident. None of this is true, but it’s your word against the other driver’s.
After the accident, you and the other driver exchange insurance information and give your respective stories to a responding police officer. But after the other driver and police officer leave, you go to the restaurant and ask if they had any security camera footage of the parking lot. The manager gives you a copy of the relevant footage. Luckily, it confirms your recollection of what happened.
Before you get a chance to tell your insurance company about your accident, the other driver files a third party claim with your car insurance company and threatens to sue you. Your car insurance company calls to ask you what happened. You refer to your car accident journal to refresh your memory and give your insurance company’s investigator all the information you have about the accident. You also forward them the photos you took of the skid marks and vehicular damage after the accident, and the security camera footage.
After reviewing this information, your insurance investigator confirms your story and concludes the other driver was at fault. Because of this, you’re able to avoid a car insurance rate increase and the other driver decides not to file suit.
Taking the Next Step After a Car Accident
Proving who was at fault for a car accident is rarely easy, but especially if you've suffered serious injuries, the success of your car accident claim might hinge on this key issue. Having an experienced legal professional on your side can be crucial to putting your best case together and getting a fair result. Learn more about when you might need a lawyer for a car accident case and get in-depth information on working with a personal injury lawyer.