You’ll have a lot to do after a car accident. Many of these steps deal with collecting evidence to prove fault. There are several ways that you might be able to prove the other driver violated the rules of the road and caused your accident, some of which we discuss below. If your claim is substantial and it’s being disputed, speak with an attorney for help proving your side of the story to the insurance company or the court.
Why Proving Fault is So Important
In Ohio, drivers who are more than 50 at fault for an accident cannot recover damages from the other party; auto accident claims hinge on the concept of negligence. In other words, you must be able to prove that the other driver was more at fault than you in order to win a claim and collect a settlement for your damages.
When a driver violates a traffic law, such as if he or she was speeding or drinking while under the influence, and his or her actions caused the accident, the courts can consider the behavior negligent and render that driver at fault for the accident. If the driver is 50 percent or more at fault, then the courts will order him or her to pay for your damages, less your degree of fault.
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Ways to Prove Fault
There are several ways you might be able to prove that the other driver was violating a traffic law and caused your accident.
- Police reports: The police report is usually the first piece of evidence that can help prove your claim. If the police found the other driver in violation of a traffic law, he or she will have issued a citation, which will be notated on the police report. You can request a copy of the report yourself, or your attorney can obtain a copy for you.
- Eyewitness testimonies: People who saw the accident and the driver’s violation may be able to provide a testimony that gives details of the other driver’s actions.
- Traffic cams: If there was a traffic cam or a local store surveillance camera that happened to catch your accident, it may prove your case as well. The camera might have caught the other driver acting recklessly, running a stop sign, failing to yield right of way, etc.
Other possible evidence depends upon the type of violation. For instance, if you suspect the driver had been drinking, the Breathalyzer results can be useful. Or, if you suspect the driver was talking on the phone or texting while driving, your attorney can subpoena cell phone records.
Getting the Help You Need to Prove Your Case
Proving fault can be tricky because it’s likely that the other driver will dispute fault or try to pin the blame on you. If your injuries were serious and your damages were substantial, get a legal professional to assist you with your case because a lot will be on the line. Your attorney can help collect evidence and build a strong case so that you have the best chances of winning your claim and getting the settlement you deserve.
For an attorney in Ohio, you are welcomed to call Bressman Law. Contact us today (614) 538-1116 for a free consultation.