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How to Prove Fault in Personal Injury Cases

Personal Injury Lawyer

If you plan to make a claim against another person’s insurance for a personal injury you received in an accident with them, you need to be prepared to prove they were guilty of causing the crash. This might seem easy at first, but it can be a complicated and messy process. The other person’s insurance company likely won’t want to pay you, especially if you’re owed a lot of money, and they may fight you over who was responsible. A claims adjuster may interview you with the intention of identifying weak spots in your story that make it easier to place some of the blame on you. Therefore, your proof needs to be solid. Here’s a general guideline about proving fault.


Negligence is the main scale used to determine fault in an accident. It is defined as a person’s inattentiveness, reckless behavior or breach in code of conduct. When a person gets behind the wheel of a vehicle, he or she is taking responsibility for careful driving that does not injure other people on the road. Failing to do so because of behavior is negligent and can be used in a claim by the plaintiff.

Types of Negligence 

There are various forms of negligence. The most common is contributory and comparative, or some mix of the two. These kinds of negligence mean that a plaintiff may be partially at-fault for the accident and the amount they receive in damages from insurance will reflect that. Sometimes an injured person cannot make the claim at all because they were responsible for too large a percentage of the accident.

Evidence of Fault 

Proving fault is easier said that done. It usually comes down to the facts and evidence provided by both parties involved in the accident. Here are some steps you can take to help prove the other driver’s negligence:

  • Take pictures of the accident
  • Write down personal notes on what you recall happening
  • Take statements from any witnesses who saw the accident

All of these can be submitted as evidence later.

Hiring a Lawyer

Some cases require a more knowledgeable and experienced eye. Your situation may benefit greatly from a consultation with a lawyer. He or she should know how your state’s negligence laws affect your case and can review the situation to see if you can actually win a claim against another driver. Contact an attorney like a personal injury lawyer, at the law offices of Davis & Brusca, LLC, for more information.