Proving Fault in a Car Accident — 5 Tips to Keep in Mind

If you’ve gotten in a car accident and the accident was the other driver’s fault, you’re going to have to prove it. This is especially true if there were two cars and no one explicitly violated the laws of the road. Then, you’ll need to prove that the other person is the one who’s at fault and not yourself.

Here are five things to keep in mind as you’re getting ready to prove fault.

1. Don’t Downplay the Impacts of the Accident

It’s common for people to feel like they need to downplay the impact of the accident they were in. You may want to make it seem like it was partially your fault, feeling embarrassed that you got in the accident at all. Insurance companies and defense attorneys will prey on that impulse. Stand firm and just tell the truth, even if the truth is that the accident was entirely the other person’s fault.

2. Write Down What Happened As Soon As Possible

As soon as you’re well enough to do so, you should write down exactly what happened in the car accident. If you don’t feel well enough to write but you do feel well enough to talk, consider recording a voice memo about it. Memories are very malleable and it’s common for them to change over time. By writing down exactly what happened as early as you can, you’ll be able to establish the truth.

3. Go to Any Required Doctor and Specialist Visits

If you have any medical issues from the car accident, you’ll need to go to all doctor and specialist visits. These visits are extremely important because they’ll establish that not only do you have certain injuries, but you received those injuries because of the car accident. Keep up with any doctor and specialist visits that will help you get better and contribute to your case.

4. Always Tell the Truth

It can feel tempting to make small “white” lies about the car accident, typically so your case seems “easier” to win. However, you should always tell the truth about the accident. If you lie about it, regardless of how innocent the lie seems, it becomes easier for the defense attorney to pick apart your story as a whole.

5. Talk to a Car Accident Attorney Before Making a Statement

If anyone asks you to make a statement about the car accident, you should immediately talk to a gainesville car accident attorney who can coach you on the whole process. Making the wrong statement can seriously impact your ability to win your case, so it’s vital that you talk to someone who knows what they’re doing first.


It’s completely possible for someone to admit fault in a car accident, but there are also times where you may need to take someone to court if you want to receive restitution. Remember that while proving fault isn’t always easy, it is possible. Talk to a car accident attorney if you want a guide through the confusing process of car accidents.

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