How Do You Prove You Are Not at Fault in a Car Accident?

In order to prove that you are not at fault in a car accident, you usually must collect evidence that another party was responsible for the accident. Sometimes, the responsible party’s insurance company may deny your claim or accuse you of being at fault for the accident. Having evidence of the responsible party’s liability can help you prove to an insurance company that their client was at fault for your accident. If the insurance company refuses to make you a fair settlement offer after seeing your evidence, you can file a lawsuit against them and take your case to trial. A lawsuit would allow a judge or a jury to review the case and have the final word on who was at fault for the accident. If you decide to work with a car accident lawyer on your case, they can handle all of the evidence gathering and legal work on your behalf.

Evidence of Fault in a Car Accident Case

There are many forms of evidence that you or your lawyer may be able to collect and use after a car accident to prove that you were not at fault. Depending on the details of your case, this evidence may include:
  • The crash report, which may record official details from the responding police officer, including their assessment of fault
  • Footage of the accident, if it exists, from traffic cameras, neighboring businesses, or from a witness’ dash cam.
  • Photos of the accident scene, the position of the vehicles after the accident, the damage to the vehicles, and/or your injuries.
  • Medical records linking your injuries to the accident
  • Statements from witnesses to the accident
  • Testimony from accident reconstruction experts

Maryland’s Contributory Negligence System

Maryland is one of just four states that has a strict contributory negligence law for personal injury cases. This law means that if you are just 1% at fault for the accident, you may not be allowed to collect any compensation in an insurance claim or lawsuit. Because of contributory negligence, accident victims in Maryland typically must be able to prove that the other party was 100% at fault for the accident. A Maryland-based car accident lawyer may be able to assist you with this process.

Filing a Personal Injury Lawsuit

If the responsible party’s insurance company still insists that you were at fault for the accident after reviewing your claim and your evidence against their client, you may still have another option—filing a personal injury lawsuit against them. A lawsuit gives the authority to determine fault in your accident to a judge or jury. If the court determines that the other party was at fault, they may order the defendant to pay for your damages. In general, the damages in a car accident case may include:
  • Current and future medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
Keep in mind that there is a limited time to sue in Maryland. Maryland Courts and Judicial Proceedings §5–101 sets a general three-year statute of limitations on personal injury lawsuits. By waiting longer than three years after your accident to take legal action, you may lose your right to sue.

The Law Offices of Adam M. Smallow May Be Able to Help You

If you were hurt in a car accident caused by someone else and are wondering how to defend your rights, the Law Offices of Adam M. Smallow can help. We may be able to prove that you were not at fault in your car accident and fight for compensation on your behalf. No matter where you are in the legal process, we may be able to take over all of the legal work in your case the moment you sign on. If another party’s negligence caused your injuries, property damage, and other losses, the Law Offices of Adam M. Smallow believes that you have suffered enough. If you choose to work with us, we will work hard to defend your rights. You can expect a supportive staff and prompt communication throughout our work together. In addition to phone and email, our clients have 24/7 access to our staff via text message for questions, concerns, or updates. To discuss your case and our services with a member of our car accident team, call the Law Offices of Adam M. Smallow at (410) 777-8960. We represent clients in Edgewood and elsewhere in Harford County. The Law Offices of Adam M. Smallow represents qualifying clients on a contingency-fee-basis. In this type of fee agreement, you only pay us attorney fees if and when you win your case.