How an Attorney Can Help with Proving You Are Not at fault in a Car Accident
Each case is unique, and the amount you may receive from your claim will vary. Our personal injury attorneys have helped thousands of individuals recover compensation for injuries by helping establish liability after a car accident.
If you or a loved one has sustained an injury or is experiencing symptoms after a car accident, you may be entitled to seek compensation. Getting started with your case is easy. Call 888-801-4813 or request a free case evaluation online. And remember, there are no upfront costs or legal fees – we only get paid if you win.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
Understanding Comparative Fault Laws
In many cases, the other driver’s insurer may accuse you of contributing to or causing the collision. This is governed by comparative fault laws, which determine how damages are awarded when multiple parties share responsibility. Missouri follows a pure comparative fault system, meaning an injured party can recover damages even if they are 99% at fault. However, their percentage of fault reduces their compensation. For example, if a driver is found 30% at fault and awarded $10,000 in damages, they would receive $7,000 after the reduction.
On the other hand, states like Illinois follows a modified comparative fault rule with a 51% bar, meaning an injured party can only recover damages if they are less than 51% at fault. They cannot receive compensation if they are found to be 51% or more responsible. To ensure you receive fair and just compensation, gathering strong evidence, proving fault, and maximizing your potential recovery is crucial.
Documenting Damages to Prove Fault
After a car accident, many people experience shock. First, you should immediately move yourself and your vehicle to safety to prevent further collisions or injury. If you can, thoroughly document the scene by taking photos of the vehicles, road conditions, and skid marks. These photos can be invaluable when assessing the claim. Any photos help depict the damage, weather conditions, and the final positions of the vehicles. If your car is equipped with a dashcam, securing and saving that footage can also be crucial evidence.
Documentation of your damages is vital to receiving fair compensation. Following medical advice and treatment is essential while providing a fair and accurate statement of your injuries and symptoms. Keep records of car repair or replacement costs and any pay stubs or documentation for time missed from work. Additionally, retain any paperwork showing work accommodations upon your return, as this can help demonstrate the accident’s impact on your daily life and financial well-being.
1. Medical Attention & Records to Prove Fault
It is extremely common for individuals not to feel the full effects of their injuries immediately after a car accident. This is due to the body’s natural adrenaline-fueled “fight or flight” response, which can temporarily mask pain and other symptoms. However, just because you don’t feel injured immediately doesn’t mean you haven’t sustained serious harm. Seeking prompt medical care is important as medical records serve as critical evidence in an accident claim that helps to prove the extent of your injuries and links them directly to the crash.
Insurance companies can look for gaps in treatment to downplay claims, so staying consistent with follow-up appointments and prescribed treatments is equally important. Beyond strengthening your case, continuing medical care can help mitigate long-term complications by ensuring that injuries are correctly diagnosed and treated.
2. Obtaining A Police Report to Prove Fault
After a car collision, even a minor one, it’s important to call law enforcement to the scene. Officers will investigate the scene. They can gather details on fault based on physical evidence and witness statements.
Police reports carry significant weight when dealing with insurance companies, and potential lawsuits. You will be able to request a police report on the scene from the officer or by requesting one online. Having this report can help support your claim of fault if it is later in dispute.
3. Collecting Witness Statements to Prove Fault
Independent third-party witnesses can be valuable in proving fault by providing unbiased accounts of how an accident occurred. Unlike the drivers involved, witnesses have no personal stake in the claim, making their statements more credible to insurance companies and in legal proceedings. If you are able, speak to any bystanders at the scene and request their contact information.
You can also direct law enforcement to speak with them so their statements are included in the police report. By verifying the series of events, an unbiased third party can be critical if the other driver makes a later false claim.
How A Lawyer Can Help Prove You Are Not At Fault
A personal injury lawyer is trained to gather evidence, negotiate with insurance companies, and advocate on your behalf. Consulting with a lawyer can provide valuable guidance in analyzing accident reports, obtaining crucial footage or documents, and building a strong case to prove fault.
An experienced attorney ensures that liability is assigned correctly and that insurance companies do not undervalue or deny your claim.
Get Help from A Personal Injury Attorney at Brown and Crouppen
When dealing with a personal injury insurance claim, it is crucial to consult with an experienced attorney who can guide and advise you through the claim. Early legal intervention can help protect your rights and improve your chances of compensation. The choice of a lawyer is an important one and should not be decided without careful consideration.
Our legal team is here to help you learn more about your legal options and evaluate the strength of your accident claim. We care about our community and have dedicated our practice to helping injury victims recover justice, accountability, and compensation.
Get started today with your free case evaluation by visiting Brown & Crouppen online or by calling us at (314) 501-9510. Our St. Louis and Kansas City personal injury lawyers have helped clients recover over $1 billion in settlements and verdicts. And remember, there are no upfront costs or legal fees – we only get paid if you win.
