Proving Liability in an Automobile Accident

Author: Joshua Brabant

In most car accidents it is important to prove who made the error or in legal insurance terms who is negligent. Unfortunately, your viewpoint may not match the driver of the other car. Instead of arguing at the side of the road there are several ways to build your case for who was responsible. Here are some post accident suggestions for making your case with your insurance company.

• Take detailed notes at the scene of the accident including: damage done to each vehicle. the date, time, street names, weather conditions and names of other witnesses.
• Use your mobile device to document the scene of the accident. Photos can help prove your case and tell the story of the accident. Take detailed pictures of not just the damage but the overall scene and close ups of any skid marks and collateral damage.
• Police Reports are possibly the most important document proving who is responsible. All parties involved write their detailed description of the collision. In addition the responding officer gives his unbiased opinion in his detailed description of any traffic laws that were violated and any citations that were issued.
• State traffic laws are also an excellent place to support your argument that the other driver was at fault. Also called the vehicle code or the Rules of the Road, these laws are available at your local DMV and online under FindLaw Codes.
• Witness statements signed and notarized may help bolster your case for defining liability.
• Common accidents such as rear end accidents and left turn accidents will almost always be one drivers fault and not the other. Rear end accidents are almost always the fault of the driver in the back while left hand turn accidents are almost always the fault of the driver taking the turn.

If you believe you are not at fault for your collision: take notes, pictures, file a police report and do your research. These steps are the keys to collecting compensation for injuries, wages lost and property damage.

If you have been injured in a car accident in Massachusetts and are having trouble proving liability, call Brabant & Huynh LLP at 617-934-0913 for your auto accident evaluation. We are located in Quincy and Dorchester and serve the greater Boston area. We will be glad to help you evaluate your case and ease the burden of going through the process.