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Jackson & New Orleans Workers' Compensation / Blog / Car Accident / How to Establish Proof of a Car Accident After It Happened?

How to Establish Proof of a Car Accident After It Happened?


Car accident victims can sometimes find themselves in a difficult situation if they do not take the necessary steps to establish proof of fault after an accident. While it may seem obvious to you that another driver or party was to blame, you still carry the responsibility of having to show proof to insurance companies or the court to support your claim. Without proof, the other party could also try to blame you for the accident.

If you want to know how to prove an accident wasn’t your fault, the answer is simple—gather as much evidence as possible. Even though experts may conduct their own car accident investigation, it is still your responsibility to collect your own evidence as investigators were not there when the accident happened and thus might not be able to provide as good a report as you can.

However, the burden of establishing proof of a car accident does not need to fall entirely on your shoulders. Navigating a personal injury claim can be overwhelming and even confusing if you don’t know your rights and what to do. So after the accident occurs, you should work with a Mississippi car accident attorney as they can guide you through the process and help you prove that someone else was at fault.

Below are the steps you should take following an accident to establish proof and hold the guilty party liable:

1. Contact the Police

Always call 911 immediately after you have been injured in an accident. The sooner you call the police; the sooner help will arrive. It’s also important to have the police arrive as soon as possible to avoid any evidence being lost or tampered with. A thorough police report is essential to establishing proof of fault in a car accident claim.

This is your best piece of evidence because, without an official report, the other driver could try to blame you instead, and there will be no report stating otherwise. However, it’s important to note that you should not entirely rely on the police to conduct a thorough car accident scene investigation. The police can make mistakes, so while a police report is essential, it is not all that you should rely on.

2. Seek Immediate Medical Attention

Proof that you were injured is also essential when filing a personal injury claim. So when you call 911, make sure they send emergency medical responders as well to address your injuries. If immediate medical attention is not needed, you should still go to the hospital, urgent care, or your doctor after the accident. You will need medical bills, documents, and doctor statements to prove that you were injured and thus require compensation for your damages.

3. Gather Evidence of Damages

While medical documents and bills dated after the accident can help support your claim, it is best to gather as much evidence of the damages at the scene as possible. For example, if there is any car accident video footage, this can help prove what happened. Take as many videos and photographs as you need to thoroughly document what happened. This includes shots of the scene as a whole, close-ups of the damage, tire marks on the road, your injuries, and anything else that is relevant.

4. Collect Witness Information

Witness statements can also be a vital element in a car accident claim. If there is a dispute between the drivers involved over what happened, it may be necessary to call on outside witnesses. So when you are at the scene, make sure you talk to anyone around who saw what happened and ask them for their contact information in case they are needed to give a statement.

You may wonder how to prove someone was speeding in an accident, for example. While it may be difficult if it is simply your word against theirs, if multiple other witnesses say the same thing, it supports your claim and is further proof the other party is guilty because they were speeding. Other witnesses may even have captured their own video footage or photos of what happened.

5. Avoid Discussions of Fault

When you are attempting to establish proof after a car accident, you should never have any discussions about responsibility or fault with anyone other than your attorney. Someone could overhear you and make an assumption, or the police or even the insurance company could manipulate your words and use them against you. Even if you are just trying to be honest and do the right thing, anything you say can be used against you, and it could negatively affect your claim and your ability to recover damages.

Connect with an Experienced Mississippi Personal Injury Attorney

The final step in establishing proof should be to contact an attorney. The sooner you consult with an experienced personal injury lawyer, the sooner they can help you establish fault and recover damages that will be necessary to pay for your medical expenses, lost wages, property damages, and any other losses relating to the car accident.

Establishing proof of a car accident is not easy to do on your own. Let the team at Lunsford, Baskin, and Priebe assist you. We can review your case and offer you guidance to ensure the best possible outcome.

For a free consultation, contact one of our experienced Mississippi personal injury attorneys today. After-hours visits are available.



Video Transcript
The most effective way to establish proof after an accident that you were not at fault, that the person who hit you as at fault is to call 9 1 1 and have a police officer come out to the scene. The police officer who responds to a motor vehicle accident will prepare a written accident report that includes narrative statements from all the drivers involved and statements from any witnesses who saw the accident.
And that’s going to be your best piece of evidence showing how an accident occurred. Now, insurance companies will talk to their own insureds, the person who is responsible for causing the accident, and they will always try to come up with some reason to blame you either partially, if not totally for causing the accident yourself.
So if you start to feel like an insurance company is blaming you for an accident, it’s time to get a competent lawyer that can help you navigate those liability issues and prove your case that the driver who hit you was responsible for causing your injuries.
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