Traffic Accidents and Liability - How to Strengthen Your Case

In a traffic accident, liability is almost never 100% predetermined. Whoever wins the case is usually the person who tells the most convincing story. Because of the chaotic and unplanned nature of car accidents, it's very difficult to say with absolute certainty what events transpired before the crash.

For example, a distracted driver can easily be said to have caused an accident - it's definitely a sign of negligence. But how can you prove distraction after-the-fact?

This is where witnesses play an important role. If you're lucky, a witness will have seen the other driver talking with someone in the backseat, using the radio or cell phone, or looking away from the road. If you find a good witness it's no longer just your word against the other driver's, now you have someone backing-up your story - this makes your job of proving liability easier. (Remember, witnesses don't have to be strangers, they can also be the passengers in your car.)

You'll have a tougher time proving liability if you can't find any witnesses. Accident photos and the police report can help by showing how the traffic accident looked, where the damage was done and where it all took place. If the other driver side-swiped you in the middle of an intersection, you can easily claim you entered the intersection first. If there were no skid marks on the road you could also suggest the driver wasn't paying attention, if they were they would've tried to brake.

Try to notice things that can help you prove liability. If an open map is on the front seat of the other driver's car, or if there were a lot of children inside, there's a good chance the driver was distracted. These kinds of details may be listed in the police report, so read it carefully.

In many situations, the traffic accident will be partially your fault. If the other driver ran a stop sign, but you were the one on the cell phone, the insurance adjuster will argue that you're partially negligent.

No matter how clear it is that you're not at fault, arguments of split liability will always come up. If you were partially negligent, downplay it as much as you can. If you really did nothing wrong, make sure you focus on details that prove it when presenting your version of the accident.