Whether or not the rear driver is always at fault, as they are often assumed to be.
After an accident in Indiana, one of the most important elements of the claims process is establishing fault. Indeed, because Indiana is an at-fault car insurance state, drivers who cause accidents are expected to pay for the damages that result. However, fault in an accident isn’t always clear, and when there is a dispute about fault, the claims process could be delayed or a claimant’s settlement could be reduced.
At the Delventhal Law Office, our lawyers are often asked about fault in rear-end collisions, and whether or not the rear driver is always at fault, as they are often assumed to be. If you are involved in a rear-end crash in our state, call our lawyers for a free consultation and more information about fault and how to prove it.
How to Prove–or Disprove–Fault in Rear-End Car Accident Claim
In order to recover the full value of your damages via a car accident settlement, you will need to prove that your accident would not have occurred but for the actions of the other driver. If you were the rear driver in a rear-end collision, you may also be tasked with presenting evidence to disprove allegations of fault made against you. In order to do this, you’ll need to know what types of evidence are important and how to improve the outcome of your claim. Tips include:
- Start gathering evidence early. The earlier that you can start gathering evidence, the better. This includes photos at the scene, statements from any eyewitnesses, police reports, and any other relevant evidence types. Don’t wait until days or weeks have passed to start the evidence-gathering process; evidence could be destroyed by then.
- Work with experts. If you don’t think that you were to blame for a rear-end collision but aren’t sure how to prove it, working with an expert could make a huge difference. Accident reconstruction experts are trained in recreating accidents and determining what happened.
- Hire a rear-end car accident attorney. One of the best things that you can do after a collision of any type is to hire an experienced attorney. Your attorney will know what types of evidence you need, will have the resources to hire experts and thoroughly investigate your crash, and will be available to answer any questions you have throughout the process.