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Wrongly Accused in a Car Crash? Here’s What to Do

March 15, 2021

If you or somebody you care about has been involved in a vehicle accident caused by the actions of another driver but have been wrongfully accused of causing the incident, there are various steps that you need to take in order to protect yourself immediately.

Here, we will discuss steps that you can take at the scene of a crash to help ensure that liability is properly assigned. We also want to discuss what a car accident attorney in Phoenix will do on your behalf when investigating the case and determining liability.

Evidence Gathering at the Scene of a Crash

We understand that gathering evidence right after a crash occurs may not be on the top of any victim’s mind. In fact, nobody should try to gather evidence if the scene is unsafe or if there are severe injuries they are contending with. However, if it is possible, we recommend that accident victims use a phone or another type of camera to take photographs of everything they see. This includes:

  • Vehicle damage
  • Any injuries
  • Possible causes of the crash
  • Debris
  • Skid marks
  • Traffic and weather conditions

Additionally, any victim should get the names and contact information of eyewitnesses to the crash so that these individuals can provide testimony to insurance carriers or a jury if necessary.

What Will an Attorney do to Help?

If you have been wrongfully accused of causing a car accident, even the evidence you gathered at the scene may not be enough to prove that you were not at fault. The reality is that you may need to seek assistance from a skilled Arizona vehicle accident attorney. An attorney can use the full resources of their office to conduct a complete investigation into the case in order to determine liability.

In addition to the evidence gathered at the scene of the crash, an attorney will also obtain the following to assist them in their investigation:

  • The police report
  • Vehicle “black box” data (like a plane’s flight recorder)
  • Mobile device data of all drivers involved
  • Video surveillance from any nearby cameras on homes or businesses

Finally, if litigation is necessary, a skilled attorney, like those at Torgenson law, can use their experience with conducting written discovery and witness depositions to uncover the truth regarding your motor vehicle crash to help prove that another person or entity is liable for you injuries.

If necessary, an attorney at Torgenson Law can work with accident reconstruction experts to help determine exactly what happened.

Comparative Negligence in Arizona

Also, Arizona operates under a “pure comparative negligence” system. This means that a car accident victim could still be entitled to compensation for the incident even if they are found to be at fault. In fact, accident victims in this state are entitled to compensation even if they are up to 99% involved. However, the total amount of compensation a person receives will be reduced based on their percentage of fault. For example, if an injury victim incurs $100,000 worth of compensable damages as a result of a vehicle accident, but it is determined that they were 20% at fault for the incident because of a faulty brake light, then they would receive $80,000 in total compensation instead of the full 100,000 dollars.

Even if another driver is successfully able to shift some of the blame onto you for a car accident incident, you may still be able to recover compensation. An experienced personal injury attorney in Phoenix will do everything they can to limit how much liability the other party is able to shift in your direction and get you the compensation that you deserve. Call Torgenson Law today at (602) 726-0747 for a free case review.

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