Posted on Wednesday, March 8th, 2023 at 6:13 pm    

Car accidents can be a scary and traumatic experience, especially if you believe you are not at fault. In these situations, disputing fault is crucial to ensure that your rights are protected and that you are not responsible for damages you did not cause. In this blog post, we’ll explore the steps you can take to dispute fault in a car accident, including how comparative negligence can affect your case.

Determining Fault in a Car Accident

Fault in a car accident is typically determined by examining the accident’s circumstances.

Common factors contributing to fault include traffic violations, driver negligence, and weather conditions. The car accident’s cause can also indicate who is at fault. Some common causes of car wrecks include:

  • Distracted driving, such as texting or talking on the phone while driving
  • Driving under the influence of drugs or alcohol
  • Speeding or driving recklessly
  • Failing to obey traffic signs and signals
  • Poor weather conditions, such as rain, snow, or fog
  • Vehicle malfunctions or defects
  • Driver fatigue or falling asleep at the wheel
  • Inexperienced or unlicensed drivers
  • Aggressive driving, such as tailgating or cutting off other drivers
  • Wildlife or other unexpected obstacles on the road

Steps to Take After a Car Accident

Immediately after a car accident, taking specific steps to protect your rights and gathering evidence to support your case is essential. You should do the following after a collision:

  • Exchange contact and insurance information with the other driver(s)
  • Take photos of the damage to all vehicles involved and of other potential evidence, including traffic signs, skid marks on the road, debris on the road, and damaged property
  • Call the police to the scene so they can investigate the crash and create a report, which could be helpful evidence in your case
  • Look for nearby traffic or surveillance cameras that may have recorded the accident
  • Seek medical attention even if you think you aren’t injured, as some symptoms take days or weeks to appear
  • Follow your doctor’s orders and treatment plan, and keep all follow-up appointments
  • Do not give any statements to the insurance companies without your lawyer present
  • Hire an experienced car accident attorney who can gather evidence, determine who is liable for your injuries, and hold them accountable

Gathering Evidence to Dispute Fault

To successfully dispute fault in a car accident, a lawyer will gather evidence that supports your claim. Some of the evidence that an attorney might obtain includes:

  • Witness statements that provide valuable testimony about the circumstances leading up to the accident
  • Traffic camera footage that provides visual proof of what happened
  • Medical records that support your claim for injuries sustained in the accident
  • Testimony from experts in the field, such as crash reconstruction experts

Working with Your Insurance Company

Your insurance company will be vital in determining fault and processing claims. However, it’s best to have an attorney communicate with the insurer on your behalf to seek the maximum compensation. Here are some tips for dealing with the insurance company:

  • Communicate effectively with your insurance company to ensure that your rights are protected
  • Be honest and accurate in your statements to your insurance company
  • Ask questions and seek clarification if you have any concerns

Comparative Negligence

In some states, comparative negligence can affect how fault is assigned and how much compensation you can receive in a car accident case. Comparative negligence means that each party is assigned a percentage of blame for the accident based on their actions leading up to the accident. If you are found to be partially at fault for the accident, your compensation may be reduced based on your percentage of fault. Comparative negligence can be used as a defense by the other party to reduce their own liability for the accident, so it’s crucial to hire an experienced attorney to prove that the other party is responsible.

Working with an Attorney

If you’re having difficulty disputing fault on your own, an attorney who specializes in car accident cases could help you by:

  • Gathering evidence and building a solid case to support your claim
  • Negotiating with insurance companies on your behalf to help you seek fair compensation
  • Representing you in court, if necessary, if the insurance companies won’t offer a reasonable settlement

Our Car Accident Lawyers in Oklahoma City are Here to Help

Disputing fault in a car accident can be complex, but taking action is crucial if you believe you are not at fault. An Oklahoma City car accident attorney with Abel Law Firm can protect your rights and pursue fair compensation for any damages or injuries you sustained in the accident. Call us today at (405) 239-7046 or contact us online for a free consultation.

Voted Oklahoma's Best Personal Injury Law Firm
The Journal Record 2023 Reader Rankings - Top Winner - Abel Law Firm - Best Peronal Injury Law Firm
The Journal Record 2023 Reader Rankings - Top Winner - Abel Law Firm - Best Peronal Injury Law Firm

Oklahomans across the state have recognized the Abel Law Firm's unique heritage as a statewide institution. Founded by Ed Abel, and today led by his son, Luke Abel, our personal injury law firm has become synonymous with empathy, compassion, and the highest professional performance serving our neighbors. Our family has sought to leave a profound impact upon the State of Oklahoma. We appreciate that former Governor Mary Fallin recognized that dedication when she declared May 1st "Ed Abel Day."

To be named Oklahoma's Best Personal Injury Law Firm is humbling. We are grateful to have won this prestigious honor. We work every day to earn the trust of those we serve: Oklahoma families who are facing some of the most difficulty days of their lives due to the negligence of others. It is our intention and resolve to continue to be deserving of the faith Oklahomans have placed in our family's law firm. Thank you!

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