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When Drivers Have Different Accounts of a Collision

Posted on behalf of Goldberg Finnegan, LLC on Dec 27, 2019 in Car Accidents

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After a car crash, parties involved may have differing opinions and stories about what happened leading up to and during a collision. Differing accounts of a crash make it difficult to determine who is at fault.

Our Silver Spring car crash attorneys discuss how fault may be proven when accounts from those involved differ. If you were injured in a car crash, request a free, no-obligation consultation with our legal team today and learn your rights.

Proving Fault

Typically, crash victims must prove the other driver was negligent. Victims and their attorneys must provide evidence of the four elements of negligence:

  • A duty of care was owed by the negligent driver to the victim. In the case of an auto crash, a motorist’s duty of care is to drive safely, follow traffic laws and properly maintain their vehicle to protect others on the roadway.
  • A duty of care was breached, meaning the at fault driver was negligent in some way, such as carelessly disobeying traffic laws, driving under the influence of drugs or alcohol or failing to maintain the vehicle.
  • The at-fault party’s breach of duty was the direct cause of the victim’s injuries.
  • The victim suffered damages due to the at-fault driver’s breach of duty.

He Said, She Said Cases

When each party in a crash has a different story, attorneys must consider various factors to determine who may be at fault for the collision:

  • Each driver’s credibility
  • Statements made by any neutral witnesses
  • Physical evidence
  • Content of the police report

The Importance of Credibility

The credibility of the parties involved becomes extremely important when stories conflict. Credibility is akin to believability – juries may not believe statements made by those who do not seem credible.

The following factors weigh on a party’s credibility:

  • Consistent testimony - whether stories change compared to past accounts, especially those made to law enforcement
  • A party’s criminal record
  • Whether or not the events described seem likely to have taken place
  • If the party seems to be lying
  • The party’s attitude and the way he or she acts

In order to build credibility, it is very important that your account of the events leading up to, during, and after the collision stays consistent, from describing the events to law enforcement at the crash scene to speaking with insurance investigators along with any statements made in a trial testimony (if necessary).

What is a Letter of Demand?

A letter of demand is a formal request demanding the other party to rectify an identified problem, such as paying money for damages created in a car accident. In a “he said, she said” car crash case, the insurance companies are likely to deny the claims presented to them.  You should have an experienced car crash lawyer review the case to deal with the insurance companies.  If each party refuses to accept liability for the collision, the claim will likely be taken to court. Here, a judge or a jury will ultimately decide who is at fault for the crash.

Contact Our Crash Attorneys for Help

If you have been injured in a car crash, you may be entitled to compensation to cover your medical expenses, lost wages and pain and suffering. If you have a viable claim, Goldberg Finnegan’s Silver Spring car crash attorneys are prepared to investigate your collision and pursue maximum compensation for your damages.

Request a free, no obligation consultation today and learn what legal options may be available to pursue the compensation you deserve due to car crash damages. There are no upfront fees, and payment is only due if we recover compensation on your behalf.

Call (888) 213-8140 or complete our Free Case Review form.

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