• Barry J. Simon

Proof of Liability

When you are involved in an accident there are several things you need to do

at the scene of the accident if you are physically able to and not taken away by ambulance. Take photos of your car before moving it to show where the accident

occurred and how you were hit. The photos should show all the damage as well.

For example, I have a case now where my clients were stopped in the left turn

lane waiting until oncoming traffic was clear so they could make their left turn

The at fault driver leaves her lane going through the intersection and enters their lane

crashing into their stopped car. My clients had the presence of mind to take photos

right after the accident showing their car was lawfully in the left turn lane when

the other car came into their lane and struck their car.

In addition to photos, of course get the insurance information on the other driver

and if you can, get the other driver to admit to you in front of witnesses that it was

her/his fault that the accident happened and why. Hopefully, the other driver will

admit fault to the police as well, but if not, I personally when someone hit me got them to sign a handwritten statement at the scene that the accident was their fault and why.

You should make sure the police come and investigate the accident. Many times they won't if they think the accident is minor or no one is injured. I don't personally take

minor accident cases but if the damage to your car is significant (several thousand dollars worth) and you are injured, it is very important to make sure the police come and do a thorough investigation and a report. Let them know where you are in pain or injured.

Many times at fault drivers change their story after talking to their insurance company

so that is why it is vital, imperative to proving your case that you do everything I

recommended above at the scene of the accident. A jury or judge will believe what a party to an accident says more at the scene of the accident because the accident is fresh in their mind than what a party says weeks or months later. Please follow my advice here to protect your legal rights to compensation.

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Disclaimer:   The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship.   Any results set forth here were dependent on the facts of that case and the results will differ from case to case.   The Law Offices of Barry J. Simon serves all of California.   In addition, we represent clients in various other states through our affiliations with local law firms.   Through the local firm, we will be admitted to practice law in their state, pro hac vice. Cookies & Privacy Policy  Copyright © 1987-2021 The Law Offices of Barry J. Simon Personal Injury Attorney - All rights reserved.  Location: California  Tel: (877) 733--4393    Email: