What Evidence Do You Need to Prove Liability in a Car Accident?

If you have been involved in an accident in Merrillville, IN that wasn’t primarily your fault, you may be eligible to claim compensation. To do this, you will need to prove the liability of the other party by providing evidence. An experienced car accident lawyer can help gather evidence and negotiate with the insurance company on your behalf to secure a swift payout.

What Evidence Do You Need to Prove Liability in a Car Accident in Merrillville, IN?

Understanding Indiana Laws on Liability

Indiana follows modified comparative negligence laws, so proving the extent of the other party’s liability is critical. If you are held to be 51% or more responsible for the accident, you will not be entitled to receive compensation. You can claim compensation if you are 50% or less at fault, but your compensation will be reduced by the proportion of liability assigned to you.

This means strong evidence is essential. Without it, insurance companies may try to shift more of the liability onto you, reducing or eliminating the settlement. Seeking legal advice and gathering evidence promptly is key to safeguarding your rights.

Key Evidence to Support Your Claim

The more evidence you can obtain, the better. Your lawyer will be able to assess any evidence you provide to build a strong case that proves you weren’t liable. A combination of evidence from different sources can be persuasive and strengthen your version of events.

Some examples of useful evidence you could obtain include:

Photos and Video Footage

Pictures and footage of the accident scene can provide powerful evidence. This could include road conditions, local signage, vehicle damage, skid marks, and injuries. Photos or footage taken on your cell phone or from dashcams are acceptable.

Medical Reports

You should always seek medical advice, even if your injuries don’t seem to be severe. Your medical records can provide a link between the accident and the injuries you sustained. This can be vital in proving that your injuries weren’t pre-existing and were caused directly by the accident.

Eyewitness Details

Testimony from independent witnesses that can verify what happened can be strong evidence. You don’t need to take full statements from them at the scene; just collect their details to pass to your lawyer.

Police Reports

Police reports compiled from law officers attending the scene can provide useful information to establish liability. This could include their observations from any investigations, witness statements, and possibly a preliminary statement assigning fault.

The Role of a Car Accident Lawyer

Your lawyer will understand the types of evidence that carry the most weight and can build your claim accordingly. They may also be able to gather a greater range of evidence, such as:

• Vehicle inspection reports
• Surveillance footage from local businesses
• Cell phone and driving history records for the other party
• Forensic experts

Our comprehensive approach to personal injury claims allows you to focus on recovery while we seek to secure the highest possible settlement. If you have been injured or you need advice, contact us today at Tanzillo Stassin & Babcock P.C. in Dyer, IN. We are proud to serve clients in Dyer, Merrillville, and the surrounding areas in Northwest Indiana. 

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