How To Prove You Are Not At Fault In A Car Accident

In some cases, determining who caused a car accident can be an extremely straightforward process, especially when the other driver admits full responsibility or is cited for the reckless or negligent behavior that led to the collision. In a perfect world, this would be the case with all accidents, and victims would be able to move straight into the process of calculating the damages they are owed. Unfortunately, this is not typically the case, and the matter of fault can become a significant roadblock in the insurance claims process. In fact, insurance companies will leverage any uncertainty to their own advantage as another way to save as much money as possible on your claim — every additional percent of fault they can pin on you means a percentage point less they have to pay under comparative fault rules. 


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Trying to settle the matter of fault in a car accident can get complicated. This is especially true when you are trying to recover from your injuries and focus on the many other disruptions that a crash causes. This is why it is so important to partner with an experienced, proven law firm that can spearhead this process while you focus on the many other areas of your life that require your attention. 

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Contact Fasig | Brooks Today For a Free Consultation About Your Car Accident Case

With the understanding that the other driver’s insurance company is working diligently to reduce their financial obligation through any means necessary — whether by pinning additional fault on you or by avoiding as many compensatory damages as possible — it is helpful to know that there is help out there for you. The team at Fasig | Brooks has spent decades taking on the insurance companies on behalf of Florida personal injury victims, and our case results speak for themselves. 

We understand the claims process, and more importantly, we understand how difficult this time of your life is. When you are represented by a car accident lawyer from Fasig | Brooks, you can count on our commitment to keeping you involved in the process without adding any more stress into your life. You can focus on your recovery, your personal needs, and your professional obligations without taking on the additional anxiety that comes with fighting for the money you deserve. 

Below are just a few of the many methods we employ when working to prove that our client is the victim and therefore entitled to the maximum compensation for someone else’s dangerous driving.

Common Ways To Prove Fault After a Car Accident

Every car accident is unique, and each investigation requires a different approach in order to gather all of the facts. The following are just a few of the many ways that an experienced car accident attorney in Florida may use to prove that their client was not at fault for a car crash. Remember that your health is the most important thing to focus on, so if you are unable to take any of these steps after your collision, do not try to push through your pain or worry too much about any of them. Once you are partnered with a personal injury attorney, they will be able to fill in any blanks and make sure that your story is heard.

Always Call 911 After a Car Accident

Before even exiting the vehicle (unless it is dangerous to remain in your car), call 911 to report the accident and any injuries you are aware of. This serves a number of benefits: first, and most importantly, first responders are alerted and dispatched to the scene; second, it removes the possibility of the other driver trying to convince you not to call it in. In some instances, an at-fault driver may change their story or deny important facts if there is no accident report, making it your word against theirs. If the other driver was acting recklessly or negligently, be sure to inform the 911 operator and the responding officer.

Photo of Upset Man After a Car Accident

Gather Photo and Video Evidence At the Scene

We all carry high-quality photo and video equipment in our pockets these days, which means that documenting the accident is very easy. If you are physically able to do so, take photos and videos of the crash. Videos can be exceptionally helpful because you can narrate as you go. No matter how vivid the crash may feel in the moments after, memory is unreliable, but videos will never change. If documenting the accident will complicate your injuries, ask someone else to do so. The more tangible documentation you are able to gather, the more support you will have as you work to present your story and prove your innocence.

Get Eyewitness Statements and Contact Information

If there are eyewitnesses, make sure that you get their contact information. If you called 911, the responding police officer would take their statements and information while compiling an accident report. Eyewitnesses serve a number of benefits, including the fact that they had a much different perspective of the accident and may have witnessed the other driver engaging in dangerous behavior before even entering your line of sight. The more contemporaneous statements you have about the crash, the clearer the narrative will be about the lead-up to the collision, and the more likely you will be clearly exonerated if the other driver is truly at fault.

Look For Traffic or Surveillance Cameras

Surveillance and traffic cameras are becoming more common, so it might be helpful to look around for a camera and try to track down the owner. If your accident was in a parking lot or near a business storefront, you could try to contact the businesses to see if they have any cameras facing the collision. It is important to do this quickly because most surveillance cameras have limited storage capacity and will wipe their hard drives within 12-24 hours unless these functions are manually overridden and certain clips are protected. 

Contact a Car Accident Lawyer

As you can see from these suggestions above, there is a lot to know about what steps to take after an accident. If you have been seriously injured, these steps may not be an option, and attempting to do them on your own can lead to further medical complications. When you hire an attorney, they will be able to take on these responsibilities while you make sure that you are getting the medical care you need in order to maximize your recovery. Fasig | Brooks offers a free initial consultation for Florida car accident victims to establish the initial facts of the crash and get an immediate sense of how we can work together. 

Call Fasig | Brooks Now To Get The Support You Deserve

After an accident that someone else caused, you should not have to go through the insurance claims process alone. Insurance companies have decades-old playbooks that they are constantly updating with ways to pay as little as possible for any given claim, yours included. When you have an attorney representing your case, you can be confident that you have a legal professional who understands these tactics and knows how to fight back as aggressively as necessary to get you the money you deserve.