If you were involved in a car accident, filing a successful claim with the at-fault party's insurer requires sufficient evidence of liability. Since obtaining such proof is challenging – especially when you’re recovering from serious injuries – it’s wise to turn to an attorney for guidance. Here's a primer on the steps both insurers and attorneys take to determine fault.
Elements of Proving Auto Accident Liability
Relevant Statutes
In motor vehicle collisions, liability often comes down to local traffic laws. If the accident occurred at an intersection, local laws will determine who had the right of way prior to the wreck, or if one of the drivers was going above the posted speed limit in the area.
Applicable Documentation
In many cases, reviewing the official police report will provide considerable insight on fault. However, don’t assume that just because it was prepared at the scene by an independent law enforcement officer that the information it contains is infallible. Typically, an insurer or attorney will conduct a more thorough analysis in the weeks following the collision and use the police report as merely one element of many in building their argument.
Other Evidence
The proof available will depend on the circumstances of the case, but common types of evidence gathered include photographs of the wreckage, dash cam footage, eyewitness testimony, cellphone records, and the results of any chemical tests conducted at the scene. Much of this evidence is hard to obtain without legal expertise, which is why it’s important to consult with an attorney.
If you need help proving fault following a wreck, turn to the attorneys at The Tortora Law Firm, LLC in Fairfield, CT. With more than two decades of experience practicing law, their personal injury team is proud to represent accident victims throughout Fairfield and New Haven Counties. Michael J. Tortora has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy and leads his practice with commitment to helping clients secure favorable outcomes.
