Proving fault in a motor vehicle accident is important for making your case for compensation. If fault isn’t established, it’s difficult to obtain compensation from the other driver, either through an insurance claim or by suing in civil court.
Fault can be shown by proving negligence, recklessness, misconduct or strict liability. These are all different levels of fault that you may encounter. For instance, with intentional misconduct, you can show that the other driver wanted to hit you or intended to cause an accident to prove fault.
Proving recklessness is another possible solution to proving fault. Can you show that a person was on his phone and texting at the time of the collision? Or, can you prove that the person was fighting with someone in the car? Speeding, drinking and driving, and other kinds of behaviors may be seen as recklessness or even intentional misconduct by the courts.
Proving that someone hit you and caused an accident is possible in one of several ways. The police who come to the scene will try to speak to witnesses and both you and the other driver. An investigation is normally performed, providing more evidence about the case if there’s any argument about who is at fault. Once the police are satisfied with the evidence, they can state who is at fault. A criminal case may or may not be filed against the at-fault driver, depending on the circumstances.
Our website has more information on car accidents and how to find out who is at fault. With the right records, your claim can be made easier.