Proving fault in an automobile accident with another vehicle is often difficult. The circumstances surrounding car accidents vary greatly and each involves unique elements that should be examined.
If you are involved in an automobile accident, you may be in shock and unable to fully process what is going on around you. It is helpful to keep calm, but sometimes that is impossible in the moment, especially when there is a lot of damage to the vehicles or injury to yourself or passengers.
In order to prove fault you must be able to give an account of the accident in as much detail as possible. This includes the date, time, weather and road conditions. It is also helpful to have witnesses who are able to corroborate your account of the accident.
The more information that you can provide, the better chance you have of proving fault or defending yourself from such accusations. Photographs and diagrams are often helpful, but the latter can be difficult to reconstruct after the fact, especially in emotionally or physically damaging scenarios.
Unfortunately, regardless of the accuracy and detail of your report, it is often your word against the word of the other driver. In cases where fault appears to be hard to prove, bringing the case to court may not be your best option.
In these instances, consider alternative dispute resolution as a means to facilitate an agreement. Mediation can often times be of great use in these instances. It is a confidential process, where your case can be discussed, but no decision must be adhered to if it is not agreed upon by both parties. You will also save money and time that would otherwise be spent in lengthy court proceedings, where the outcome is out of your hands.