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How to Prove Liability in an Auto Accident Claim

How to Prove Liability in an Auto Accident Claim

There’s nothing worse than being involved in an auto accident while getting on with your day, but the fact is that there are around 14,386 daily accidents in America. Statistically, this means that every driver will be involved in some form of accident at some point in their life. On the scene of an accident, it can appear crystal clear which party is at fault. However, given some distance and having the case handed over to insurance companies, determining liability is a bit trickier.

Early Evidence Gathering

Even though the police will carry out an investigation and you will pair up with an expert personal injury attorney, it’s important to start gathering evidence as early as possible. You can start this process at the scene of the collision if you’re in a fit state to do so.

After getting to safety and contacting the police, you’ll have to wait for them to arrive. During this time, you should start snapping pictures of the crash site on your smartphone. You should try to cover as many different angles as possible – you can even take photos of any skid marks and other relevant elements.

Once you’ve finished taking photos, speak to people at the scene because you will need witnesses to prove liability. Gather their contact details and hand them over to your lawyer for further investigation. In some cases, you may be able to obtain copies of dashcam footage, which can be used to strengthen your claim.

When the police turn up, you should talk with them to collect an incident number. As well as this, you should liaise with them to collect any additional evidence that you may not have had. For example, their investigation may find that the liable party was drinking under the influence, the car was stolen, or any other criminal issue.

The last part of your responsibility on the scene has to be having a medical assessment. This is essential regardless of the extent of your injuries. After having an initial assessment, make sure you collect any records.

Teaming Up with a Lawyer

Proving liability following an auto accident won’t be clear-cut, which is why you will need to team up with a personal injury lawyer. Your lawyer will have the power to investigate the accident and gather further evidence, but your initial evidence will be a great starting point.

In most cases, auto accident disputes are settled out of court through insurance policies, but this may not be the case. An auto accident lawyer will assist you every step of the way when it comes to navigating the complex court system.

Ongoing Documentation

The statute of limitations for auto accidents is two years, which is enough time for anyone to forget what happened. Therefore, to increase your chances of proving liability and winning your compensation case, you should keep ongoing records including medical records, employer documentation, and a journal of your thoughts, feelings, and recovery.

If you’ve suffered an auto accident and need help proving liability and winning a compensation claim, get in touch with our team at Mama Justice MW Law Firm using the details below.

  • 2005 West Main St. Tupelo, MS 38801
  • 406 Galleria Dr., Suite 7 Oxford, MS 38655
  • 1671 Lelia Dr Suite B, Jackson, MS 39216
  • 5100 Poplar Ave., Suite 2700 Memphis, TN 38137

Call us today for a free consultation, on (888) 484-1476.

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2005 West Main St. Tupelo, MS 38801


406 Galleria Dr., Suite 7 Oxford, MS 38655


1671 Lelia Dr Suite B, Jackson, MS 39216


5100 Poplar Ave., Suite 2700 Memphis, TN 38137


905 Main Street, Columbus MS 39701

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