Determining fault is a key part of recovering compensation from a car accident. A driver may be at fault for causing an accident if, for example, they were speeding through a light, drinking alcohol or failing to signal a lane change.
Why is determining fault so important? Oklahoma is a modified comparative fault state. What this means is that you could recover damages if you are 50% or less responsible for an accident. The damages you can recover could be reduced by the amount of your fault. However, if you are more than 50% at fault, you can not recover damages for any financial losses.
There are several types of evidence that can support a claim that another driver was at fault for an accident. Here is what you should know:
Police reports
A police report is one of the most important pieces of evidence presented during car accident cases. The police can document several key details about an accident in the report, including the following:
- Where the accident took place
- The time of the accident
- The parties involved
- Observable damages
- Possible cause of the accident
- Statements from eyewitnesses
A police report may have evidence showing that another driver was outright negligent. It is important to have a copy of this document for a case trial.
Pictures and video evidence
Pictures can be taken at the scene of an accident to support a claim. You may have pictures of the damage caused by an accident or vehicle positions indicating the cause of an accident for example.
It can also help to collect any video evidence of an accident. You may have video of the events that took place before an accident recorded on a dash camera, for example. Video evidence may also be collected from traffic cameras and surrounding security cameras.
Witness testimony
Someone may have been present when an accident occurred. They could have been a pedestrian or another driver that was nearby. A statement could be made of what the party witnessed, which could be used to support evidence that another driver was at fault.
It can take time to collect evidence supporting your claim. You may need to reach out for legal guidance to help you protect your legal rights.