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Without a witness, can you prove someone else is at fault?

When the crash happened, nobody else was around. Perhaps it was late at night or on a rural road. The other driver blames you for the accident, but you believe it may have been their poor decisions that led to the crash in the first place. What are you to do now?

Although the whole situation seems like it will become a “he said, she said” argument, a claim isn’t solely reliant on their word against yours. Witnesses aren’t the only way that courts can figure out the true story. In fact, witnesses don’t always remember the details correctly anyway.

Because not every crash has a witness – and not every witness is accurate – questioning witnesses is only one part of the whole process. Discovery involves multiple sources of evidence. With a wide range of evidence, the court can establish a clearer picture of what really happened.

Evidence collection begins immediately after the accident. Even if the other driver blames you, never admit fault without organizing all the proof first. Apologies can undermine your claim as much if not more than a witness ever could.

To ensure that you have the best chance to prove negligence, be ready to document everything related to the crash. Give the police your honest account of how the crash happened when they arrive on scene. Take photos of vehicle damage, road conditions and injuries. Keep records of ensuing hospital bills, treatment plans and diagnostic imaging test results.

The documents and photos that come from these steps are crucial to a future lawsuit, should you choose to pursue one. Like puzzle pieces, courts can assemble the facts to figure out if the other driver might be completely liable or partially negligent.

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