It is not unusual for heightened emotions to affect individuals involved in an auto accident. Whether it is fear, anger, or sadness, most will immediately try to make sense of the situation and want to assign blame.

The first step in an auto accident is to check for injuries and call 911 to dispatch police and EMS if necessary. As you proceed through the next steps of the accident process, it is essential to remain calm and say as little as possible to the other individuals involved. You will want to exchange information and document the scene. For a comprehensive list of steps to take immediately following an accident, review our blog post “Been in a Wreck”.

Even if the other driver attempts to blame you for the accident at the scene, this is not the time to defend yourself. Instead, focus on gathering all the evidence and information necessary to help prove or disprove liability. The scene will likely contain all the evidence you need. It is essential to your case to be thorough. Anything you say at the scene to the other involved parties can be used against you. Conversely, these situations can also become a he-said/she-said scenario if one party accepts responsibility at the scene and then changes their story later.

When re-telling the story to the officers on the scene, be truthful and consistent in recounting the events of the accident. Lying about fault can lead to serious consequences, including potential jail time and the possibility of losing your insurance coverage.

Determining Fault in an Auto Accident

Figuring out who's at fault in a car accident isn't always straightforward. To hold another party accountable for damages and injuries, you'll need to establish three key elements:

1. Duty of Care: Every driver is legally obligated to act responsibly and avoid actions that could harm others on the road.

2. Breach of Duty: This occurs when the other driver fails to meet their obligation—for example, by speeding, running a red light, or driving distracted.

3. Resulting Injuries: You must show that the other driver's failure to act responsibly directly caused your injuries and damages.

By proving these elements, you can build a strong case for financial recovery.

Leave the heavy lifting to the professionals when determining fault after an accident. The best way to protect yourself is by staying calm and focused. Instead of trying to argue your case on the spot, use your time wisely to gather the key details we need to build a strong case on your behalf. A quick call to me and my team is all it takes to get started and ensure your side of the story is heard where it counts most.

Call today to set up your free consultation.