{"id":353036,"date":"2016-04-04T10:46:35","date_gmt":"2016-04-04T15:46:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/car-accident-liability-proving-fault-in-a-car-crash.html"},"modified":"2023-07-25T11:13:46","modified_gmt":"2023-07-25T16:13:46","slug":"car-accident-liability-proving-fault-in-a-car-crash","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/car-accident-liability-proving-fault-in-a-car-crash.html","title":{"rendered":"Car Accident Liability: Proving Fault in a Car Crash"},"content":{"rendered":"\n
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Car Accident Liability: Proving Fault in a Car Crash<\/h1>\n\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

In almost all car, bike, or motorcycle accidents, it’s important to prove who was liable or responsible. It may seem obvious to those who were there which driver was negligent, but proving fault in a car crash isn’t always so simple for insurance companies. You will make a stronger argument to your insurer if you can support your side of the story with evidence.<\/p>\n

The following information will help you prove fault in a car accident and ultimately strengthen your personal injury case.<\/p>\n

Car Accident Cases and Police Reports<\/h2>\n

Police don’t always come to the scene of an\u00a0auto accident<\/a>.<\/a>\u00a0But if they do, the officer will probably have to make some sort of official report about the accident.<\/p>\n

The police generally come to accident scenes that involve injuries, but they often stop at non-injury accidents as well. If they do show up at your accident, be sure to ask the officer for the report number and how to get a copy of the report once filed.<\/p>\n

If the police don’t come to the scene, you may have to report the accident to the closest police station if injuries or significant property damage have occurred. After filing a police report, investigators may pick up your report and conduct their own inquiries. You can\u00a0obtain copies of these reports<\/a>.<\/p>\n

Police reports are written recollections of the officer that studied the accident. These reports often contain great evidence about liability, such as the police officer’s opinion that one car was speeding based on the officer’s observations of the length of the skid marks. Officers also often indicate whether they issued any traffic tickets at the scene of an accident or whether there were any eyewitnesses.<\/p>\n

The police report can be one of the most important pieces of evidence you present to your insurance company. Insurance companies may drag their feet about making car accident insurance coverage decisions without first obtaining a copy of the police report.<\/p>\n

Amending a Police Report<\/h3>\n

If there’s a mistake in a\u00a0police report<\/a>, it can be fixed. If the mistake involves a factual error, like an incorrect vehicle or insurance information, you can generally amend the report by showing the police that information.<\/p>\n

However, amending a disputed fact, like fault determination, is more difficult. Police departments often have different procedures for objecting to a report. You should contact the department involved in your accident to learn about their procedure. Often, you simply add your statement to the accident report.<\/p>\n

While it’s difficult to overcome a fault determination, it’s not impossible. You should consult with a car accident lawyer to determine the strength of your case.<\/p>\n

Proving Fault in a Car Crash: State Traffic Laws<\/h2>\n

State traffic laws are another great place to find support for your argument that the other driver was at fault or violated their duty of care to you. These laws are often condensed into simple-to-read “Rules of the Road” that may be available at your local DMV. You can also find vehicle codes online at:<\/p>\n