Can I Prove a Car Accident Was the Other Driver’s Fault?
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Can I Prove a Car Accident Was the Other Driver’s Fault?


Car accidents can be overwhelming, especially when it comes to determining fault. If you’ve found yourself in such a situation, you may be wondering, “How can I prove a car accident was the other driver’s fault?” At Brydon, Swearengen & England P.C., we understand the complexities of car accident cases in Missouri and aim to provide you with insights and guidance on establishing fault, important evidence, and seeking legal assistance.

Misconceptions about Fault

Before diving into the details, let’s address some common misconceptions about fault in car accidents. Many people assume that fault is automatically assigned based on who received a ticket or citation at the scene. However, it’s crucial to remember that Missouri follows an at-fault system, meaning fault is determined based on negligence and liability, not solely on the presence of a traffic violation.

Establishing Fault

To establish fault in a car accident case, several factors are taken into account. These include:

  1. The duty of care: All drivers have a responsibility to exercise the highest duty of care while operating their vehicles. This includes following traffic laws, maintaining a safe speed, and avoiding distractions.
  2. Breach of duty: If a driver fails to uphold their duty of care while operating a motor vehicle, they may be deemed negligent for causing a car accident. Examples of breaches of duty while driving a car, truck or other vehicle resulting in a collision include, but are not limited to, speeding, following another vehicle too closely, failing to obey traffic devices and signals, e.g., running a red light, operating a vehicle in a careless and reckless manner, driving while intoxicated and texting while driving.
  3. Causation: It’s important to establish a causal link between the negligent actions of a driver and the resulting accident. This can be done by gathering evidence such as witness statements, police reports, and photographs from the accident scene.

Important Evidence

Building a strong case to prove that a car accident was the fault of the other driver requires gathering key pieces of evidence. Here are some crucial elements to consider:

  1. Police report: Contact law enforcement immediately after the accident. Law enforcement can conduct an investigation and prepare an official police report. This report can provide valuable documentation of the incident.
  2. Witness statements: Eyewitness accounts can significantly strengthen your case. Collect the contact information of any witnesses present at the scene of the accident, as their testimony can help establish fault.
  3. Photographs and videos: Capture evidence of the accident scene, including damage to vehicles, skid marks, road conditions, and traffic signs. These visuals can help reconstruct the sequence of events and support your version of the incident.

Seeking Legal Assistance

Navigating the legal maze of a car accident case can be challenging, especially when attempting to prove fault. Seeking the legal guidance of an experienced attorney can greatly enhance your chances of a positive outcome. At Brydon, Swearengen & England P.C., our dedicated team has a deep understanding of Missouri car accident laws and a strong record of achieving favorable results for our clients.

Contact Us Today

Proving that a car accident was the other driver’s fault requires a comprehensive understanding of Missouri’s comparative fault system, the establishment of fault through negligence, gathering important evidence, and seeking reliable legal assistance. Remember, misconceptions about fault can hinder your ability to seek justice and fair compensation. If you find yourself in such a situation, don’t hesitate to reach out to Brydon, Swearengen & England P.C. for personalized guidance tailored to your unique circumstances. We’re here to fight for your rights and protect your best interests.


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