In the years our Acworth auto accident lawyers have spent representing crash victims, we’ve seen parties tell different versions of events. The victim tells one version of events, and the fault driver tells another. For example, one may say that the light was green when they drove through an intersection, and another may claim it was red.
This creates a situation known as a “he said, she said.” Consequently, this births the question of how you prove fault in a crash with two contrasting versions. However, there are ways to prove your claim, and we’ll discuss them in this article.
Proving Your Claim in a “He Said, She Said” Auto Accident Case
Whether it’s a criminal case or civil action, evidence is needed to prove a claim or the existence of a fact. This is because there is a tendency for parties to a lawsuit to lie and only state facts that favor their case. As such, oral evidence by parties must be backed with evidence.
The evidence substantiates a person’s version of events and supports their assertions. Thus, it’s no surprise that in civil claims where proof is on a preponderance of the evidence, the person who backs their claim with proof wins. For example, in auto accident cases, a victim’s word that the fault driver caused the crash is insufficient to secure a win.
This is because the fault party will not accept your claims just because you said that’s how it happened. Also, their lawyer may advise them to deny your version of events if they sense you have no evidence to back your claim. It could also be that the fault driver genuinely believes that they were not at fault.
The preceding is common in right-of-way accidents where both drivers believe they had the right of way when the accident happened. So, if you find yourself in this “he said, she said,” situation, how do you win? Below we discuss four major factors you can depend on to prove your claim and secure financial compensation.
The Driver’s Credibility
Sometimes, credibility often equals believability. In a personal injury trial, the fault driver lies about how the auto accident happened in court, the jury will determine their credibility. If they decide the driver is a credible witness, they accept their version of events; vice versa.
The question, therefore, is what makes a person credible or not credible? The following are factors that affect a person’s credibility:
- The consistency of their testimony at trial with their previous testimony. The latter often covers what the driver said to the police after the crash and during depositions.
- Whether the person has a criminal record
- The plausibility of the person’s version of events
- Whether the person appears to be lying
- The person’s demeanor and attitude
The Testimony of the Witnesses
When the only evidence is oral, you need to corroborate your testimony. Without corroboration, the jury will think both parties’ testimonies are biased, and they might be right. This is where neutral witnesses come in. A witness is someone who witnessed the auto accident or can testify to some facts about the crash and your injuries.
Furthermore, a credible witness is a neutral third party with nothing to gain or lose from the case’s outcome. Thus, always get the witnesses’ names, phone numbers, and addresses before leaving the crash scene. If your injury keeps you from doing this, your Acworth car accident lawyer can track them down for you.
The Physical Evidence
Physical evidence is anything outside of the parties’ testimony. In auto accident cases, this includes damage to the vehicles, photographs of the accident scene, and video footage. Most times, physical evidence shows who the fault party is, thereby ending the back-and-forth arguments between parties. If the physical evidence favors you, you will likely win. But where it favors the defendant, you may probably lose or take a low settlement.
The Police Report
In Acworth, Georgia, victims of severe crashes have to file a police report. As such, you should call the police after an accident that leaves you with severe injuries or extensive property damage. The police report is a valid testimony as police officers are neutral and credible witnesses. Obtain a copy of the police report once it’s ready, or get your lawyer to do so.
Contact The Weinstein Firm Today!
Were you injured in an auto accident you did not cause? Did the fault driver deny your version of events? If yes, you can avoid a lengthy “he said, she said” situation by contacting our Acworth car accident attorneys. Our attorneys have helped several people win injury claims and will do the same for you. Contact us today for a free case review.