When an accident occurs between two vehicles, establishing fault isn’t difficult. In many cases, one of the parties will be found liable. Shared liability may apply in some cases.
Proving liability in multivehicle accidents however, can be more complicated. Victims in these cases cannot recover compensation until fault is established.
Establishing liability
There’s nothing more important than evidence when it comes to establishing fault in multi-vehicle crashes. The scene of the accident must be investigated thoroughly – including photos of the scene and eyewitness interviews – by your attorney’s investigator. Your attorney will probably need to retain an accident reconstruction expert to determine what caused the accident and your injuries.
The collection of evidence shouldn’t be left to the authorities. Even though your attorney will probably have an investigator go to the scene, victims should begin collecting evidence immediately after the accident, as they wait for law enforcement to arrive at the scene of the accident. Evidence will include:
- Photos
It is important to take photos of:
- Damaged property
- Debris
- The vehicles
- Damage to the vehicles
- Skid marks
- Witness accounts
If there are witnesses at the scene of the accident, it is important to take their accounts. A passerby may have witnessed the whole accident and may be the key to determining liability. Record their statements using your phone to take a video. You should also take their contact information and let them know that you will contact them later.
- Make a report
When the police officers arrive at the scene of the accident, they will want to file an accident report. This will include a diagram of the area, photos of the accident as well as statements by drivers and passengers that were involved in the accident. It may also include witness accounts.
Ensure that you give your version of events to the police. You should also ensure that you get a copy of the report. This report will be used later as evidence when you file your claim.
- Medical reports
If you have been injured in the accident, it is important to seek medical attention as soon as possible. Ensure that you take photos of your injuries. Your doctor’s report as well as these photos will be vital in establishing just how much you were affected by the accident.
It is important for the responsible party to be identified. This allows the victims of the accident to file claims for compensation. This is true even in cases of shared liability where more than one person is considered responsible for the accident.
Seek the assistance of an experienced attorney to increase your chances of success in recovering damages in a multivehicle accident.
