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Five Ways to Prove Fault After a Major Accident

Personal injury lawyers and insurance companies wrestle with fault issues whenever there’s a major accident. According to Kenneth Cristall Law Corporation, if you want to hire a personal injury lawyer for an accident, you’ll need evidence of fault. Experienced accident lawyers won’t take your case without somebody else being at fault. Both injury lawyers and insurers look for the following evidence in proof of fault.

Police Officers

It’s highly likely that the police were called to the scene of a major accident. Police officers are trained in accident investigation. After assessing the scene, the damage to the vehicles and interviewing the drivers, the investigating officer writes up an accident report. All officers have received training in accident investigation. Some have received more than others. Accident reports are relied on heavily by both sides.

Independent Witnesses

Witnesses might be bystanders going about their daily affairs and suddenly a major accident unfolds in front of them. They’re ordinarily unbiased and objective. That’s the beauty of the independent witness. Many police officers are on the road all day. Sometimes the investigating officer is the independent witness to an accident.


Passengers might be the best witnesses against either driver. Passengers often make injury claims against both drivers. Passengers have no control over how the accident occurred or might have been avoided. It’s unlikely that passengers will be accused of comparative negligence either. Passengers might have a personal or financial stake in fault though.


Cameras are even more objective and unbiased than independent witnesses. Cameras don’t have personalities, psychological prejudices, or stretch the truth. Intersection and security camera footage is sought out by attorneys and insurers, particularly if the other indicators of fault might be inconclusive.

Circumstantial Evidence

Jurors weren’t born yesterday. They’re allowed to draw conclusions from trial evidence based on their own life experiences. Injury lawyers and insurance adjusters weren’t just dropped off on the last bus either. The law permits admission of circumstantial evidence. Fault in many major accidents is proven or bolstered by circumstantial evidence. Some police officers for major departments are specifically trained in circumstantial evidence and accident reconstruction.

Amongst other elements required to establish negligence, personal injury lawyers are required to prove fault. Be prepared to discuss proof of fault when you want to hire a quality personal injury lawyer after an accident. It might be proved in any of the above ways.

This article is from Lizzie Weakley, a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. She enjoys the outdoors and long walks in the park with her three-year-old husky Snowball.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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