Proving Fault in a Car Accident

When you’re in a car accident, the first thing on your mind isn’t necessarily who’s at fault. Instead, you’re worried about yourself, your passengers, and even the other driver. Is everyone okay? How did this happen?

Who Caused Your Car Accident?

Once you’ve had time to think about what happened, you’ll probably replay the crash in your head several times. You’ll analyze whether you were at fault, whether the other party was at fault, or whether you were both at fault. When the police arrive, they’ll try to reconstruct the scene based on your side of the story, the other person’s side, and any eyewitness accounts that they’re able to get – and they may be able to determine who was at fault right there.

Are Police the Final Authority on Who Was at Fault?

It’s important to know that while police reports can play a vital role in your defense, they can also be used against you. Even if you were not at fault, the other party’s insurance company may allege that you were – but fortunately, courts don’t consider police reports as the “be-all, end-all” when determining fault in a car accident.

Instead, they’ll rely on hard evidence that has surfaced since the time of the accident. Your injuries, the way you were driving and whether the other driver received a ticket (or worse, a criminal conviction) may all play a role in whether the courts determine who caused the crash.

You might even be entitled to receive damages to cover your medical bills, compensate you for missing work due to your injuries, and help you with other expenses that have arisen because of the car accident. If that’s the case, your attorney will aggressively pursue justice on your behalf, dealing with the insurance companies and arguing your case in front of a jury if necessary.

further reading: http://www.caraccidentlawyer-brooklyn.com/articles/police-report-end-car-accident-case/