If you have been involved in a car accident that you are sure was the other driver's fault, you may be disconcerted to find out that law enforcement has labeled you the at-fault driver. While the accident report prepared by law enforcement at the scene is often well-respected in terms of evidence, it's only as accurate as the officer compiling the report. Read on for some actions your auto accident attorney can take when the accident report is holding the wrong driver responsible for an accident.
Find the Errors
You may be provided with a copy of the accident report at the scene, or it might be available soon after the accident at the responding law enforcement agency office. Read through the report and try to learn how the officer came to the wrong conclusions about what happened the day of the accident. For example, look for red flags that something is amiss. For instance, check and see if the officer has confused your name with the other driver's name. Check also that you are connected to the correct vehicle, direction of travel, and where the vehicles ended up. For example, getting just one of those details wrong could make the entire accident report invalid and in need of corrections.
Locate More Evidence
If you disagree with the conclusions, your lawyer will need to turn things around by finding some eyewitnesses that saw things differently. Eyewitness testimony can be conflicting and subject to how close the witness was to the accident and the angle from which they observed events leading up to it.
If your lawyer can locate video evidence, you might be able to correct the accident report if what is shown is very different from the accident report. Check for cameras located on residential and business buildings near the accident scene.
If none of the above yields any results, your lawyer might need to consult with some accident experts to learn more. These experts use photographs of the vehicles and the accident scene along with computer simulations to figure out what really happened.
Finally, your lawyer might also need to dig deeper into the other driver by reviewing their driving record and more. In some cases, the driver might have tested positive for drugs or alcohol after the accident, but you were not informed of the results.
Insurers never want their client to be liable for an accident and you may have to fight against an erroneous accident report before fault can be known. Don't allow anyone to take your rights from you after an accident. Speak to a personal injury lawyer for more information.