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How to Prove an Accident Was Not Your Fault

While accidents can be anyone’s fault, in cases where the other party is at fault proving so becomes important for a number of reasons. From legal complications to making insurance claims, filing for compensation and more, determining who was at fault is crucial to winning the legal battle in the court of law.

Perhaps the best time and place to collect evidence that will ultimately prove your innocence and negligence of the person is right after the accident, at the scene. Proving that the other party is at fault is not at all complicated provided you keep a straight head, stay emotionally strong, think smartly and act wisely.

So how is it that you can prove that the accident was not your fault? Here is a simple and short guide to help you.


Fleeing the scene of an accident could be considered suspicious behavior that may imply guilt. Contact the police as soon as you can to file an official report. Unless you are injured to the point where you need to leave in an ambulance, do not leave the scene of the accident. Medical staff such as paramedics can clear you to leave the scene if they arrive before the police get’s there and if they determine that you need medical attention offsite. So if you are hurt badly, you should definitely call an ambulance first.


We all have cell phones that are equipped with cameras. While you are waiting for officials to arrive, take pictures of the accident site and/or of the vehicles involved. Make a video if you can. The purpose should be to document injuries, property damage, vehicle damage, the license plate of the other vehicle, surrounding areas including nearby traffic lights and other evidence to support your claims.


Police reports citing the other party as the one at fault hold great value in the court of law. So get a copy of the responding officer’s report. Police reports typically contain statements of the parties involved, eyewitness accounts and in some cases thoughts of the reporting officer, all of which are extremely valuable to building a strong case. Usually, if the police report notes that the other party received some sort of traffic citation, you can expect a favorable outcome for your case.


Hire an accident attorney immediately to handle your case. Remember, any evidence you gather is only as good as the application of that evidence in your case. Accident attorneys are well equipped with the expertise and knowledge to use all of the collected evidence in conjunction with local laws. A good accident attorney can also help you navigate the hassles dealing with insurance companies that may negotiate with you to offer minimal compensation when you could be entitled to a lot more. Here at Virgüez & Associates, we have experience in interpreting collected evidence and using it to make a strong case for our clients. We understand that the best way to help you overcome the trauma of an accident is to help establish your innocence so you can get the right compensation for your damages, injuries and more.

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