How to Prove Fault in a Car Accident
If you have just been in an accident, then you may be wondering how you can prove that the other driver was at fault.
Each driver is expected to adhere to certain rules of the road and your job is to obtain evidence that shows how the other driver broke those rules. Research Wisconsin State Traffic Laws for the exact code violation. These may include the following:
- Speeding (346.57)
- Tailgating (346.14)
- Drunk Driving (346.61-3)
- Texting While Driving (SB 103)
- Illegal Turns (346.31-36)
To prove that the other drive actually committed the violation, you may have to turn to a police report, visual evidence, or pictures.
If the police were at the scene of the accident, they are supposed to write a report that includes how the accident occurred and any traffic codes that they believe were violated. By presenting this evidence to the insurance company, they may accept this as valid proof.
You can also take pictures of the involved cars and the scene of the accident. By viewing the damages, you may be able to tell who caused the accident. For example, if you were rear-ended, then you can argue that the person behind you was driving too close to your vehicle. Certain types of accidents such as a rear-end collision and left-turn accidents are known as "no-doubt liability", meaning that insurance companies won't question the other driver's fault.
In the event that witnesses were at the scene of the accident, you may be able to use their testimony. They can testify to the other driver's violation verbally or in writing. Immediately following your accident, make sure to get the contact information from any bystanders so that you can utilize their witness later.
If you are trying to prove someone else's fault in an accident, then please contact my firm, the Law Office of Randall E. Reinhardt. As a car accident attorney in Milwaukee, I can guide you through the process of filing a claim and obtaining your rightful compensation. Fill out a free case evaluation form to get started! I work on a contingency fee basis, which means that you don't have to pay a cent until you win your case.