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How can someone prove who was at fault for a car wreck?

On Behalf of | Feb 26, 2024 | Personal Injury

Most people have a lot of questions after a car crash. They may wonder how much the crash might cost and who is responsible for those expenses. In Missouri, the liability-based insurance system makes the party who caused the crash financially culpable for the damages produced by the collision.

It is crucial to accurately establish fault if someone hopes to file an insurance claim or later needs to initiate a personal injury lawsuit against the driver at fault for the collision. The drivers involved in a crash may immediately find themselves disagreeing with one another if both drivers attempt to blame one another for the collision. A driver who clearly violated the law might try to lie to the others present and may even misrepresent the situation to a police officer.

How can someone involved in a collision prove who was actually at fault for the wreck?

By documenting the scene

People often pull out their mobile phones whenever they experience something unusual. A car crash is one of the rare circumstances in which recording is actually a very smart reaction. Sometimes, the other driver involved in a crash speeds away, trying to avoid responsibility.

The footage that someone captures when they start recording after a wreck could help police officers identify a hit-and-run driver. People might also capture an attempt to hide evidence, such as a driver dumping out of beverage that may have included alcohol or frantically deleting messages or apps from their device so there isn’t obvious evidence of distraction. Even if there’s nothing exciting or duplicitous to capture after the crash, video and photos of the scene of the collision could assist with reconstruction efforts later and could provide key details that help prove the other driver was at fault.

By finding footage or witnesses

There could be authoritative evidence of the crash if there are cameras nearby when a wreck occurs. Dashboard cameras, traffic cameras and even certain security cameras might capture conduct immediately before the crash or the collision itself. Other times, when there are no cameras nearby, there may be witnesses. Pedestrians and other motorists could provide statements to the police affirming what they saw and helping establish that the other driver was the party at fault for the wreck. Sometimes, personal bias, misinformation and a lack of objective evidence may lead to a police officer reaching the wrong conclusion and their crash report.

Drivers hoping to pursue an accurate analysis of a collision that they believe has been inaccurately interpreted may need assistance. The same is true of those facing large insurance claims or preparing to file a personal injury lawsuit. As such, partnering with an attorney could help someone gather evidence and explore their options for holding someone else accountable after a major motor vehicle collision in Missouri.