What Evidence is Used to Prove Fault in Car Accident Cases?

Dozens of traffic accidents happen every day in Virginia, and some of these result in legal action. Proving fault is critical to securing fair and full compensation after any type of car crash, and a skilled personal injury lawyer can help victims in this regard.

There are many kinds of evidence utilized to establish fault in motor vehicle injury claims. From official police reports to driver’s phone records, these documents can build a solid case for compensation.

Car accident evidence to build a solid case

When we investigate car accidents, the types of evidence we look for may include:

• Police accident report
• Witness statements
• Visual evidence such as photos and video of the crash scene
• Photos of the vehicle damage
• Admissions from the defendant
• Street or traffic camera surveillance footage
• Cell phone records if distracted driving is suspected
• Debris or skid marks at the accident scene
• Vehicle part recall notices that indicate product liability
• Electronic data recorder (EDR) readouts that show speed, braking, and other key factors
• Social media posts/comments and pictures by the defendant about the accident
• Testimony from expert witnesses such as crash reconstruction specialists

Proving fault matters in Virginia accident cases

In order to seek any compensation in a Virginia auto accident, you must prove that the other party was entirely to blame. This is because the state follows laws of “pure contributory negligence.” This means you cannot seek damages for injuries and losses if it is shown that you were partly at fault for the accident. Insurance adjusters may try to shift partial blame on victims, but your legal counsel should be prepared with compelling evidence that refutes such claims.

At Rutter Mills, we have decades of successful experience representing car accident victims in Virginia Beach, Norfolk, Chesapeake, Hampton, Newport News, Suffolk, and Portsmouth. If fault is disputed in your car accident, it pays to align yourself with highly-qualified personal injury lawyers. Call today to schedule a free, no-obligation consultation.