How Can I Prove Liability for a Car Accident?

Avatar for Seva Law Firm

If you were injured in a car wreck, you’re probably wondering what you will need to do to show that another party was responsible for causing the collision. However, before embarking on a comprehensive investigation, it’s important to remember that your own auto insurance might cover many of the losses stemming from the crash.

Drivers in Detroit are—barring a few exceptions—required to purchase so-called no-fault insurance. Simply put, this plan includes Personal Injury Protection (PIP), a type of coverage that will kick in to cover your medical bills, lost income, and other losses regardless of whether or not you were to blame for the accident.

However, if you suffered a particularly severe injury that meets the state’s “threshold” for taking legal action against another party and has resulted in extensive non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment, you may have grounds to file a third-party claim against the at-fault party/parties. 

In such cases, you will need to gather compelling evidence to demonstrate liability. Let’s look at some of the kinds of proof that could support your case:

1. Photographs of the Wreck

Any images you managed to capture at the accident scene could help your attorney and/or an accident reconstructionist piece together what happened on this fateful day. For instance, an expert could examine pictures of road markings to determine whether the other motorist involved made any effort to slow down or steer clear of the wreck. Alternatively, images of your vehicle could show that you were struck from behind.

2. Eyewitness Statements

Anyone who saw the accident take place may be able to provide testimony to support your version of events. As such, you should write down the names and contact numbers of any onlookers, including other drivers, passengers, and pedestrians.

3. Dashcam or Surveillance Camera Recordings

Videos of the moments leading up to the wreck could help make it clear what happened. For example, such footage could show that the other motorist was speeding or driving recklessly before the incident.

4. The Official Police Accident Report

While this document is usually not admissible as evidence in court, it could be invaluable to your case during settlement negotiations. Such documents will usually include information about the time, date, and location of the wreck, as well as the police officer’s observations upon arriving at the scene. For example, if the officer noticed the other driver was fatigued, he or she may have noted this information down in the official report.

Speak to a Detroit Car Accident Attorney Today

If you’re planning to file a first- or third-party claim, it may be wise to seek legal counsel. On the surface, the claims process can look straightforward, but proceedings are rarely a walk in the park. The insurer may dispute aspects of your case to reduce how much they have to pay out, and—if you plan to file a third-party claim—you could find your credibility challenged from almost every angle. 

At Seva Law Firm, we have decades of collective experience representing car accident victims. Our legal team can assist at every stage, whether it’s helping you secure a fair settlement during negotiations or providing tenacious representation at trial. Contact us today at (248) 385-5704 or head over to our contact page HERE to request a free case review with a Detroit car accident attorney.