San Diego
Personal Injury Attorneys

When Is A Driver At Fault In A Car Accident?

In order to determine when a driver is at fault in a car accident, evidence is going to need to be analyzed by an attorney before presenting the findings to the insurance company. The police officer at the scene is not responsible for determining who was responsible for the accident, just to clear the location, get the parties medical help, and file their findings on a police report.

Here is why you need a skilled personal injury lawyer on your side if you feel the other driver was at fault in the car accident.

Recovering Accident Evidence in a Timely Manner
In order to be found at fault in a car accident, the insurance company as well as a court of law will rely heavily on the evidence. Although the police officer at the scene may have made a sketch of the scene and taken some pictures, so much more is needed. When you call a personal injury lawyer at the start, they will send their own accident investigators to the scene to collect other evidence that can prove the other driver was responsible.

The investigative team will start by getting the contact information of witnesses, record key measurements of the area, take pictures of the entire location, and tie it all together with a videotape that will preserve the scene for use in the future.

Utilizing Resources to Uncover More Evidence
Even before your attorney analyzes the evidence collected at the scene, they are working behind the scenes to see if they can uncover evidence the other driver was in fact the cause of the accident and at fault for the damages to you and your vehicle. One resource the attorney has is being able to access the phone records of the other driver, to see if they were talking on the phone or possibly in the middle of sending a text when the accident occurred.

This information can be used at trial to not only show who was responsible, it can force the other insurance company to pay for all your losses, your injuries, and your pain and suffering moving forward.

Consulting With Top Medical Professionals
Right after the accident, your attorney is making certain you went to the hospital so it is recorded on the police report. Once the physicians at the hospital treat your injuries and diagnose what could be wrong, you’ll be meeting with the best doctors in the region. These doctors are experts, and will carefully check to see if you suffered any internal injuries the hospital missed. If yes, you will be treated by the best doctors, and you will be scheduled for physical therapy to get back on the road to healing.

One added benefit, the court will not have to reply on the word of your attorney at trial. These physicians will provide the court written and video testimony, showing how the negligence of the other driver resulted in all these injuries.

Presenting the Evidence in a Court of Law
Even with the best evidence in hand, in order to prove the other driver is at fault, your attorney is going to have to put all these pieces of evidence together in order to win a large cash settlement. Without this evidence or an attorney representing you, the court is going to go on your word versus the word of the other driver. The insurance company lawyers could easily make a case you were the one at fault.

With strong evidence, medical testimony, and the court presence of a skilled lawyer, you will be in the best position to prove the other driver was at fault in the car accident.

As you can see, hiring a professional personal injury lawyer will help you prove your case and hold the guilty party fully responsible. Without a lawyer in your corner, it can be impossible to address your injuries and build a case simultaneously.

Call us now!