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How To Prove You Are Not At Fault in a Car Accident

April 26, 2021 Car Accidents

Proving fault for a car accident is vital to receiving the compensation you deserve for your injuries. In certain cases, it is relatively simple to determine who was at fault for a crash, but unfortunately, things rarely go so smoothly. Establishing that another driver was negligent can be a complicated issue. 

Types of Evidence Need To Prove You Are Not At Fault for a Car Accident

If another driver is clearly at fault for your car accident, that doesn’t mean their insurance company will not attempt to place the blame on you. Here are some examples of evidence that attorneys use to prove fault in an accident claim. 

  • Accident Scene Evidence: photographs, videos, measurements of skid marks, notation of the position of each vehicle after impact, information about the surroundings that could have been a factor in causing the crash, surveillance footage, and accident reconstruction if necessary. If possible, you should always take photographs and videos of the scene immediately after the accident. 
  • Police Report: the police officer investigating the accident will typically indicate whether each driver contributed to the cause of the crash. If they state the other driver was at fault, the report can be invaluable when negotiating a settlement with the insurance company. The report will also indicate if the other driver was cited with a traffic offense that contributed to the collision. 
  • Eyewitness Statements: statements from eyewitnesses can be very compelling, especially at trial. Jurors often give more weight to an eyewitness account because the witness does not have a financial stake in the trial’s outcome.
  • Medical Records: Medical records are also significant evidence in proving fault in an accident case. Your injuries can help substantiate the position of the vehicles and the speed they were traveling at the time of the crash.
  • Expert Testimony: complex car accident cases may require experts who can testify to the extent of your injuries and recreate the accident to demonstrate fault. 

California courts follow the rule of “comparative negligence,” which can significantly reduce the amount of compensation you recover based on your percentage of fault.

For instance, if you are awarded $10,000, and an insurer successfully proves you were 60 percent at fault for your accident, you will only receive 40 percent or $4,000. Making it all the more important to work with an experienced car accident attorney who understands the type of evidence you need to prove the other driver is liable. 

How Negligence is Proven in a Car Accident Case

It takes more than an injury to prove that another driver is at fault for an accident. With the available evidence, you must be able to establish the following four elements to be successful in a personal injury lawsuit: 


  1. Duty. The driver owed you a duty of care to follow the rules of the road and exercise reasonable caution. That means, for instance, a person operating a motor vehicle has the legal duty to follow the speed limits, stop at stop signs and not follow too close.
  2. Breach of Duty. The driver breached their duty by failing to use reasonable care. For example, a driver breaches their duty when they text and drive, run a stop sign, speed, etc.
  3. Causation. The driver’s negligence directly caused your injury. Running a red light or tailgating is not enough. There must be an injury.
  4. Damages. The last element you must prove is damages or financial losses. In most cases, this is very simple to prove with medical bills, pay stubs, etc. 

Proving negligence can be complex, and your actions immediately following an accident are critical. Once you have addressed any injuries, notify law enforcement, take photos of the scene, ask witnesses and the parties involved for their contact information, see your healthcare provider, notify your auto insurer, and track your expenses. 

Call Today for a Free Consultation 

If there is a dispute regarding fault in your recent car accident, contact CaseyGerry. Our Car Accident Lawyers in San Diego will ensure your rights are protected. Contact us online or by calling (619) 238-1811