He said, she said car accident cases occur when the statements and testimonies given by the two drivers don’t match. One says the light was red; the other driver swears it was green. One says he came to a full stop; the other insists the driver ran the stop sign.
Discrepancies in reports are more common than not. Memories are not always clear in the confusion of the accident. Injuries may impede accuracy. Sometimes drivers lie to avoid being charged.
How can fault be proven?
In the courts, lawyers and judges rely on four things:
- Driver credibility
- Eye witness statements
- Police report
- Physical evidence
Judges and jurors tend to doubt the statements of drivers whose credibility has been proven suspect. They consider whether the driver’s testimony has remained consistent from the time of the accident to the trial.
Does the driver have a criminal record?
Does the driver’s version of events seem plausible?
Are there body language clues that the driver may be lying?
Eye Witnesses Statements
Judges and juries expect those with something to lose to spin the story in their favor. However, unbiased eye witnesses have no stake in the outcome of the lawsuit. They are neutral. Eye witness statement-scan be crucial. If you are in an accident always try to get the names, addresses, and phone numbers of witnesses.
Physical evidence is real evidence, hard evidence. It includes vehicles involved in the accident, accident scene, skid marks. Photographs are invaluable.
Learn how to photograph the scene and how to preserve the scene until the police arrive.
Take as many pictures of both cars and the accident scene as you can. Do it from as many angles as you can.
Take pictures of the intersection, the stop sign, and any skid marks in the street from the direction the other driver was coming from.
Take pictures of the debris from the cars, if there was any. Take pictures of that witnesses standing at the exact point where they were when the collision occurred.
The Police Report
When in doubt call police. Some states have differing laws requiring when the police should be informed of a car accident causes bodily injury or property damage that exceeds a certain amount. Know what the rules for the location where the accident occurred are. Damages can mount up fast. Even though there may not seem to be injuries at the time, this could change. Always err on the safe side and call police.
Call the police and report the accident.Of the other driver’s account doesn’t match yours it is on record.
Don’t let the other driver try to talk you out of calling police. Police officers’ testimony is neutral. They are also official witnesses. Judges and jurors believe police reports most.
The police officer will write both drivers’ stories. Be very careful to explain exactly what occurred clearly and carefully. Ask to read the account to make sure you did not leave out details.