How Is Fault Established Following a Car Accident?
There is a pretty good chance you are going to be involved in an auto accident at some point in your life. Hopefully, it will be nothing major, and it is something you will get out of unhurt. But, it could also be a severe accident that results in injury and damage to property. No matter the severity of the accident, someone has to be liable.
When filing a car accident claim, you have the burden of establishing your right to compensation for property damage and injuries. However, proving liability can be quite challenging, especially if it was a swipe accident where it is not easy establishing who was responsible for the impact.
Here are crucial steps you can take at the accident scene to help you prove fault in a car accident case.
Take Photos of the Accident Scene
These days, pretty much every smartphone has a camera. It is important that you take photos of the accident scene to help you prove your case during trial. Be sure to take photos of your car as well as the other vehicle, the position of the cars following the impact, road and weather conditions as well as anything else you might find helpful for proving your case. And if you are too hurt or shaken, ask a bystander to take the photos for you.
Contact the Police
In Ohio, you are required to report any auto accident that results in an injury that requires medical attention, a fatality or property damage that exceeds $1,000. Even so, it is important that you call 911 if you are involved in a car crash so you can get a copy of the police report. This report usually contains useful information that can help you establish the other party’s liability such as a narration of how the accident happened, any issued citations as well as the police’s assessment of who was at fault.
The moments following a car accident can be frightening and traumatizing. You are possibly facing hospitalization, property damage and other costs associated with the accident. If you did not cause the accident, you should consider suing the at-fault party.