Although the law makes it clear that financial liability for a crash should fall to the person who caused the wreck, many people do not like to take personal accountability when they make a mistake and cause a crash. Some people drive off in the hopes of avoiding consequences, while others lie to the police and insurance professionals in the hopes of avoiding personal accountability. Lies about a crash can include intentional omissions, meaning that someone doesn’t admit what they did. An at-fault party could also completely fabricate information and try to claim that the other driver did something to cause the crash in question.
Oftentimes, when one person tries to avoid responsibility for a crash, someone else will end up wrongfully accused of being at fault for a wreck. How can a motorist designated as responsible for a collision defend themselves and correct the situation so that they can seek compensation instead of needing to provide it to the other party who was actually to blame?
Victims should assert themselves during an investigation
Some people think that no-fault medical coverage means that New York drivers don’t really need to prove fault after a crash. However, if someone wants to use the other driver’s liability coverage for property damage costs or if their injury expenses exceed their no-fault coverage, they may want to take action against the party who actually caused the crash.
Ideally, someone will realize at the scene of the crash that the other person has misrepresented the circumstances to the police. It is usually in someone’s best interest to thoroughly disclose to law enforcement professionals exactly what occurred before the crash, including their suspicions of the other driver may have texted at the wheel or been under the influence of alcohol. Details like that can make a big difference during the investigation.
Victims can bring in support for a secondary investigation
It is possible to take another driver to court and prove that they were the one at fault in a personal injury claim even if the police report does not accurately reflect the circumstances. People cooperating with professionals can secure testimony from witnesses, camera footage or mobile phone records that help group how somebody else was at fault for the crash. Crash forensics or a recreation of the incident could also help establish a realistic timeline of events and convince the courts who was truly at fault for the collision.
Once someone has established that the other motorist was to blame, they can then pursue an insurance claim or potentially a personal injury lawsuit. Knowing how to establish fault after a crash is important for those who want to pursue financial justice, especially if they are being wrongfully accused of causing their own harm.