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

  1. Proving Fault Starts at the Car Accident Scene
  2. Your Case Must Assert Negligence
  3. You Could Benefit From Entrusting Your Case to Our Team
  4. Our Car Accident Team Can Prove Fault in Your Injury Case

In Washington State, there are numerous ways to prove that you are not at fault in an accident. Immediately following the collision, you can take pictures of the scene and give your statement to the police. In the following days and weeks, you can review security footage, statements from eyewitnesses, and the accident report. 

Of course, you don’t have to prove fault alone if you suffered serious injuries. Instead, you can entrust your case to a personal injury lawyer from Herschensohn Law. We can prove fault, calculate your losses, and hold the negligent party financially accountable.

Proving Fault Starts at the Car Accident Scene

The moments immediately following a car accident can be stressful and disorienting. Still, if your injuries allow, you should do everything possible to document the scene and its aftermath. 

This involves: 

Taking Photos of the Accident Scene 

Taking photos is an important step in proving you were not at fault. Your lawyer can use these photos to assess the collision’s damage, establish what happened, and illustrate your right to damages. 

While these photos can be very useful, it is important that you do not put your safety at risk to obtain them. If the scene is not safe (or you suffered serious injuries), you should prioritize getting medical treatment above all else. 

Exchanging Information With Other Involved Parties

After your accident, you should exchange phone numbers and your insurance information with the other parties. Not only could this bolster your case, but it’s also mandatory under Washington law. If you don’t remain at the accident scene and provide the required information, the other party could accuse you of causing a hit-and-run accident. 

Calling the Police

When you call law enforcement, they will get to work securing the area and taking statements from any eyewitnesses. They will then document the entire accident and file a police report. This report will give important details about how the accident took place, which can prove fault later. It will include: 

  • The names of those involved
  • The time, date, and location of the collision
  • Whether anyone was taken to the hospital
  • Whether the paramedics arrived 

It generally takes two to four weeks for a police report to become available. 

Accepting Medical Care

If the paramedics come to the accident scene, accept medical care. Not only could this help stabilize an underlying condition (like internal bleeding), but it also creates an immediate record of what happened. 

If you didn’t accept medical attention at the accident scene, that’s okay. Still, you should seek a healthcare provider’s opinion as soon as possible. Your imaging scans and lab test results can serve as powerful evidence during the claims process. 

Your Case Must Assert Negligence

To hold another party accountable for your losses, your case must prove the four tenants of negligence. These include: 

  • Duty of care. The other driver had a duty of care to drive with reasonable caution. All motorists have this obligation. 
  • Breach of duty. Next, you must show that the other driver violated their duty of care by acting without regard for others’ safety. A driver who speeds breaches their duty of care, for instance. 
  • Causation. You must show that the other party is primarily responsible for causing the accident. You could use traffic camera footage, eyewitness testimony, and other evidence to assert this factor. 
  • Damages. Finally, you must show that because of the other party’s negligence, you were injured and suffered damages, including medical bills, lost income, and pain and suffering. 

Understanding negligence and proving its required elements can get complicated, especially if you’re unsure about the claims process as a whole. That’s where you could benefit from partnering with our car accident lawyers. We can build and manage your case while you focus on recovering. 

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You Could Benefit From Entrusting Your Case to Our Team

When you work with our personal injury lawyers, you can trust that we’ll: 

Compile Supporting Evidence 

You might have some but not all of the evidence that could bolster your claim. When you get a lawyer from our team, you also get an investigator. We gather much-needed evidence by: 

  • Speaking with witnesses
  • Consulting with healthcare professionals and other specialists 
  • Visiting the accident scene 
  • Securing traffic camera footage
  • Noting your vehicle’s points of impact 

Handle the Insurance Companies on Your Behalf

Speaking with insurance companies can prove stressful, even if you didn’t do anything wrong. Some insurance companies have a goal to offer as little compensation as possible. This protects their bottom lines and helps them make a profit. So, the claims adjuster may blame you for what happened, hoping to avoid liability. 

Your lawyer can handle all dealings with the insurance company and prevent you from saying anything that could hurt your case. They can also file your claim, present supporting evidence, and dispute any allegations of negligence. 

Pursue Damages 

If another party’s actions caused your accident, they should pay for your losses—not you. Through a settlement or court award, you could recover compensation that accounts for: 

  • Medical bills
  • Lost income and other job-related earnings
  • Pain and suffering
  • Property damage costs 
  • Scarring and disfigurement
  • Disability
  • Wrongful death-related expenses 

Accurately calculating your losses requires a close examination of your collision’s contributing causes, along with the accident’s effect on your everyday life. 

File a Lawsuit 

While most car accident claims settle through negotiations, your lawyer may keep litigation an option if the insurer refuses to settle. At trial, your lawyer can present supporting evidence, identify the at-fault party, and advocate for what you need. 

Our Car Accident Team Can Prove Fault in Your Injury Case

If you are unsure how to prove fault after your car accident, consider seeking legal counsel. Herschensohn Law has recovered millions for traffic accident victims, and we offer comprehensive legal support. 

What’s more, you don’t pay a dime out of pocket for our services because we operate on contingency. So, part of your settlement pays for our help. You don’t pay anything. To learn more about our client-focused care, call (206) 588-4344

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When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

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