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How to Prove Fault After You’re Hurt in a Car Accident

Being in a car accident is a nightmare scenario, especially when you suffer a serious injury. All you want to do is get better, but the other driver and their insurance company are fighting you every step of the way. How do you prove that they’re responsible and hold them accountable? Learn the types of accidents that are automatically the fault of the other driver, and how an attorney can help you prove fault in other circumstances.

Automatic Fault

Oklahoma is a “fault” insurance state, meaning that someone is generally considered to be at fault for the incident. There are many types of accidents where the majority of situations are cut-and-dried, unless there are serious extenuating circumstances. For example, someone who hits you from behind, or makes a left turn in front of you is often responsible for the accident. There are other situations, however, where proving fault can be trickier and you may need more than the basics.

Police Reports

When you have an accident, try to get the police on site to take a report. This report will outline the specifics of the incident and can be a vital tool when it comes to proving the facts of your case. In the best situations, the report will clearly indicate fault, which can be something of a smoking gun if things go to court (though almost nothing is a 100% certainty). The key, however, is to note any mention of careless driving or a violation of laws and statutes.

Witness Accounts

Talk to any witnesses at the site. Try to get their contact information and see if they’re willing to make a statement on record. Eyewitness accounts can be a valuable tool in proving fault in an accident. They are generally unbiased and actually saw what happened.

Physical Evidence

You’ll want as much physical evidence as possible from the accident scene. The more photographs you can get, the better. This should include damage to both vehicles, any skid marks on the road, damage to surrounding property or land, and anything that was affected or changed as a result of the accident. These photos along with other evidence can be used to reconstruct the circumstances of the accident in court.

When You’re Hurt in a Car Accident

When you are hurt in a car accident, the first thing you should do after you get home and inform your insurance company, is call on the services of a qualified and expert auto accident attorney. It’s a safe bet that insurance companies will try to lowball you and get you to sign off on offers that are far less than you deserve, or even need. An attorney can make sure your rights are protected every step of the way.

If you’ve been injured in a car accident and need help, read about the cases we represent, and give us a call for a no-obligation consult today!

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