In California personal injury car accident cases, the accident victim has the burden of proving fault and damages. However, in some instances, the driver who caused your accident will try and turn the tables in an attempt to demonstrate that you caused or contributed to the accident. When that happens, there are several ways that you can prove you were not at fault for your motor vehicle collision.
An experienced California car accident attorney could assist with helping you satisfy the required legal burden of proof in your case. Your lawyer can do this by retaining the necessary witnesses, including experts, to testify on your behalf in court. If you are able to satisfy your legal burden, you might be eligible to pursue and recover monetary compensation in the form of damages. Your lawyer will do everything possible to help you maximize your potential recovery in a California car accident case.
1. Eyewitness Testimony
If the other driver is trying to argue that you caused or contributed to a motor vehicle collision, you might be able to present the statement or testimony of an eyewitness to the collision. Eyewitnesses can testify about the relative speeds of the vehicles and any actions or inactions that they observed among the motor vehicle drivers just prior to the accident. For example, if the other driver was swerving on the roadway or weaving in and out of traffic, an independent witness could testify to that fact.
Eyewitness testimony becomes extremely important in cases where fault – or liability – is being disputed by one or more parties to the case.
2. Police Testimony
Following a motor vehicle accident, one or more police officers typically arrive on the scene. In some instances, these officers actually observe the accident, while at other times, they do not arrive on the scene until after the accident has already happened. In any case, police officers often make a determination about who or what caused the motor vehicle collision and who should be held responsible. This information is typically memorialized in writing in the police report. Police reports also typically indicate whether or not the police officer issued a citation and to whom it was issued.
3. Last Clear Chance
Even when another driver is asserting that you caused or contributed to a motor vehicle accident, the defendant might still have had the last clear chance to avoid the accident through the use of reasonable and ordinary care. If you can successfully argue the last clear chance doctrine, you might be able to overcome the hurdle of comparative negligence and recover full monetary damages.
If you have been involved in a motor vehicle accident, a knowledgeable Orange County car accident attorney could help you prove the legal elements of your case, and if necessary, prove that you did not cause or contribute to the accident. If your case needs to be litigated in court, your attorney will zealously advocate on your behalf and present the necessary testimony to advance your case.
