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What evidence can demonstrate fault in a motor vehicle accident claim?

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Posted on December 27, 2022

In personal injury cases involving motor vehicle accidents, it is not necessary to prove fault beyond a reasonable doubt. Instead, claimants must present sufficient evidence demonstrating that their account of events is credible and probable.

Compelling evidence will strengthen a claimant’s position in negotiations with an insurance carrier. If a claim advances to trial, convincing proof of fault can motivate defendants to settle or help plaintiffs get fair compensation in a judicial order.


Immediately after a car accident, it is important to take photographs of the scene. The vehicles’ position may be relevant to determining which driver had the right of way. Also, pictures of damage may be useful in ascertaining whether someone was driving above the speed limit.

Police reports

Information in a police report can help prove which driver was responsible for a collision. Responding officers’ observations and information about citations can serve as a reliable record of events.

Witness testimony

Immediately after an accident, drivers should identify potential witnesses. Sworn depositions or in-court testimony could be determinative to the outcome of a claim.

OBD devices

Insurers incentivize drivers to use monitoring devices that plug into an On-Board Diagnostics port to monitor safe driving habits. Businesses commonly outfit company-owned vehicles with this technology as part of their risk management strategies. The data that OBD devices capture could reveal whether a driver was speeding or engaging in other unsafe driving practices such as hard braking.

Ultimately, the quantity and quality of evidentiary material are crucial to a claimant’s cause of action. Without sufficient evidence, getting compensation for an accident could be an uphill battle.