We often get calls for car accidents where both parties blame each other. Potential clients then ask how they can prove they are not at fault during a car accident.

When you get out on the road, you have a general duty of care to drive safely and follow the road’s rules. If you can show that you were doing that – that you maintained the speed limit, that you were driving in your lane, you turned your turn signal on, you followed the rules of the stoplights – then you are showing that you were driving as a reasonable person.

Ultimately, you will want to show that someone else was at fault, or that someone else was negligently driving, and without their dangerous maneuver or unsafe speed, the accident would not have occurred. Perhaps the other driver violated some traffic law – made an illegal U-turn, was speeding, swerving in and out of lanes, drunk driving – that’s how you would prove they were at fault, and you were not. In both cases, you will need evidence, which will come from witnesses, your testimony, the other driver’s testimony, and the police report, where sometimes the police will attribute fault and cite the violated vehicle codes.

If there is no police report, there are still ways to prove who is at fault. There are times when you can reconstruct the accident based on pictures, but ultimately it will usually come down to witnesses.

We know that situations can get a little tense and emotional, but if you have any questions about an accident you were in and how to attribute fault or if there is a shared fault, please get in touch with us. We are happy to talk to you and find out if we can help. Contact us today at (619) 259-5199 or click here for more information!