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How Is Fault Determined in an Alabama Car Accident?

When you get injured in an Alabama car accident, determining who was at fault is one of the first steps toward recovering the financial compensation you deserve. But, this is easier said than done. Most people won’t admit to causing an accident; and, even if the police respond to the scene, the police report isn’t enough to prove your legal rights. 

So, how is fault determined in an Alabama car accident

Determining fault in a car accident is a multi-step process that starts with conducting an on-scene investigation. Depending on the circumstances, it may involve gathering evidence from various other sources as well. Your lawyers may also need to hire an accident reconstructionist and other experts to piece together exactly what happened—and who is to blame. 

Evidence Used to Determine Fault After a Car Accident in Alabama

At Morris, Andrews, Talmadge & Driggers, LLC, our lawyers use several types of evidence to prove our clients’ legal rights. For example, if you have been seriously injured in a car accident that was someone else’s fault, we may use some or all of the following to demonstrate that you are entitled to just compensation:

  • Forensic Evidence – Forensic evidence from the crash site (i.e., skid marks, damaged sign posts, and vehicle debris) can be key evidence of fault. But, this evidence can disappear quickly, so it is important to collect it while it is still available. 
  • Eyewitness Testimony – If anyone witnessed the accident, we can seek to take their testimony. This can help corroborate your version of the events—or provide a clear explanation of what happened if you don’t know. 
  • Video Footage of the Accident – If your accident was captured by a traffic camera, security camera, cell phone, or dash cam, we can seek to obtain the footage. Video footage can be among the strongest forms of evidence of fault in car accident cases. 
  • Photos and Videos from the Accident Scene – Photos and videos from the accident scene can be strong evidence as well. This includes your photos and videos as well as photos and videos taken by other drivers, passengers, and witnesses. 
  • Vehicle “Black Box” Data – Vehicles’ onboard computers (or “black boxes”) can capture extraordinary amounts of data. These data can help prove everything from how fast a driver was traveling to when he or she hit the brakes (if at all) in the moments leading up to a collision. 
  • Cell Phone Records Distracted driving is among the leading causes of car accidents in Alabama. If the driver who hit you was texting, talking on the phone, or scrolling social media, we can seek to obtain his or her phone records to prove it. 
  • Social Media Posts and Other Evidence – Speaking of social media, social media posts can serve as key evidence in car accident cases as well. Employment records, vehicle inspection reports, and various other forms of evidence may also be available. 

Again, these are just examples. Based on the circumstances of your accident, our lawyers will determine what additional evidence may be available, and then we will work to collect this evidence as we move forward with your claim. 

How We Gather Evidence of Fault in Alabama Car Accident Cases

As a car accident victim, collecting the evidence needed to determine (and prove) fault isn’t something you can do on your own. It also isn’t something you can trust the insurance companies to do for you. It requires legal knowledge and insights, and it requires the ability to stand up for your legal rights when the insurance companies are doing everything they can to stand in your way. Here are just a few examples of the ways we gather evidence of fault in Alabama car accident cases:

  • On-Scene Investigation – As we mentioned above, an on-scene investigation is usually one of the first steps. Ideally, we will be able to conduct this investigation as soon as possible. Not only can this investigation produce key evidence, but it can also point in the direction of other places we need to look to gather additional evidence of fault.
  • Issuing Subpoenas and Taking Testimony – Obtaining cell phone records, employment records, and other forms of documentation involves formal legal processes. If we need to take a driver’s or other witnesses’ testimony under oath, this will involve formal legal processes as well. 
  • Talking to You – No matter how much you think you remember (or don’t remember), the information you are able to provide will help us understand what we need to do to protect your legal rights. During your free initial consultation, we will sit down with you one-on-one to make sure we know everything you know about your claim.

Contact Us About Your Car Accident in Alabama

Were you seriously injured in a car accident in Alabama? If so, we encourage you to contact Morris, Andrews, Talmadge & Driggers, LLC promptly. 

To speak with an experienced car accident lawyer in Dothan or Mobile as soon as possible, call (844) 654-6228 or request a FREE consultation online today.