How to Prove Fault in a Car Accident

Your ability to recover compensation after a Maryland auto accident depends on showing that another party is responsible for your injuries. To prove fault in a car accident claim, you must gather clear and convincing evidence linking the at-fault party’s negligence to the crash and your resulting injuries. This is one of the most important things an experienced car accident lawyer can do for you. Maryland’s negligence laws are some of the harshest in the nation. You’ll need a robust body of evidence to support your case. 

Proving Fault in Maryland Car Accident Cases

If you suffered an injury in a Maryland car accident, you must identify the at-fault party(s) before you can file an insurance claim or lawsuit. Sometimes, there is only one at-fault driver. In more complex cases, multiple drivers could be responsible. If a third party contributed to the crash — such as the manufacturer of a faulty airbag — you could file a personal injury lawsuit against them, too. Before assuming you know who is responsible for the crash that injured you, it’s a good idea to consult a skilled lawyer who can help you determine car accident liability. 

An attorney can investigate the case to look for car accident evidence connecting a party’s actions to the crash. For example, accident scene photographs may show a lack of skid marks leading up to a rear-end collision, indicating the driver in the back wasn’t paying attention and didn’t hit the brakes.

Key Types of Evidence to Prove Fault

Medical records, photos of the crash scene, witness statements, and police reports often serve as key evidence in car accidents and can play a crucial role in establishing fault. Other common types of evidence include: 

• Traffic, surveillance, and dashcam footage
• Toxicology reports
• Cell phone records 
• Vehicle data
• Expert testimony

Your car accident lawyer can collect and organize the evidence necessary while you recover from your injuries. 

Gathering Evidence After a Car Crash

After a car accident, your immediate priority is your health. Check yourself and others for injuries and seek immediate medical attention. If your injuries permit, you can protect your case by following these tips at the accident scene: 

• Take photos showing the vehicle damage, the road conditions, and relevant traffic signs and signals.
• Write down the date and time of the crash and where it occurred.
• Collect the name, license plate number, vehicle identification number, and insurance information for all involved drivers. 
• Ask witnesses for their contact details. 
• Get a copy of the police accident report. 

Any information you gather can assist your car accident attorney when evaluating your case. 

How a Car Accident Attorney Can Help

After a car accident, your injuries may prevent you from gathering evidence yourself. If you couldn’t do it, don’t stress. An auto accident lawyer can conduct an independent investigation of the crash and gather pertinent evidence to support your claim. 

In some cases, you may need evidence that the public cannot access easily, such as company records or the other driver’s cell phone records. An attorney has the authority to subpoena evidence that you cannot obtain as a private citizen. 

Contact Us for a Free Consultation With a Top-Rated Maryland Car Accident Attorney 

When a car crash leaves you injured, a successful car accident claim can provide the financial compensation you need to pay your medical bills and move forward. Contact Trollinger Law LLC today for a free initial consultation. We’ll listen to your story, discuss your options, and provide the information you need to make informed legal decisions.