The risk of a crash is the trade-off people accept in exchange for the convenience of individual transportation. If everyone properly maintained their vehicles and adhered to all existing traffic laws, the chances of a collision occurring would be relatively low.
However, the average driver knowingly violates traffic rules when they are at the wheel. People exceed the speed limit, choose not to use their turn signals and text while driving despite knowing the risks. After a crash occurs, people usually don’t want to take responsibility for the wreck even if it was clear that they broke the law.
How can someone who was injured in a crash that was clearly the fault of the other driver prove that they are not the one to blame for the collision?
With camera footage or witnesses
There have never been more cameras capturing traffic than there are right now. Alabama has traffic cameras at many major intersections. Countless homeowners and businesses have security cameras that capture driveways and parking lots, which may record collisions as well. It has also become very common for drivers to have dashboard cameras in their vehicles. Footage from any recording device can potentially show exactly what happened during the crash or prior to the collision. When there are no cameras present, then any witnesses who saw what happened could help validate someone’s claims about who was at fault for the wreck.
With mobile phone data
Distraction has become a significant concern at the wheel, and those who text or get on social media while driving can potentially delete the records of what they just did before the police show up to write a report. However, their service provider and the company running any apps used will still retain records of their data use. Police officers can request usage data as a way of validating claims that someone texted and caused a crash. Lawyers may also be able to request certain records on behalf of a plaintiff in a personal injury case.
With a crash recreation
In scenarios where there are no witnesses and there may not be any phone data because distraction wasn’t the underlying cause of the crash, having forensic experts recreate the collision can establish who made the mistakes that resulted in a wreck. Police officers will generally do their best to analyze a crash, but it isn’t always possible for them to get all of the information they need from the people involved, as one of the drivers may lie.
Taking thoughtful steps to prove fault after a crash can make it easier for people to pursue personal injury lawsuits and insurance claims related to an injurious wreck.