Liability for an Accident
It is very important that you take certain steps at the scene of an accident to protect
your rights. If you can, get a statement from witnesses and the other driver that the accident was caused by the other driver. I once had someone pull into my lane and
strike my car and we pulled over and I insisted that he sign a statement I wrote out that
stated he was inattentive and pulled into my lane causing the accident and admits that
the accident was his fault. He signed it before I left the scene of the accident.
If the cause of the accident is clear this advice applies but if the other driver tries to dispute the cause it is still helpful if you can get any information from the other driver
either in writing or stated in front of you and witnesses or the police which show that the accident was his or her fault. Of course you should take pictures with your cell of
everything relevant at the accident scene including damage to all vehicles involved. You
should even take photos showing where the other driver came from if there is an issue about visibility, etc . ..
Remember, while the evidence is fresh and the accident just
happened, that is the best time to preserve evidence to help you prove your case against the other driver. Also, if you are injured, let everyone know at the scene of the accident (police, witnesses, the other driver . . .) because it will buttress your injury claim later on when the insurance company tries to claim that the accident did not cause your injuries, which they almost always try to claim.