Close this search box.

How Do I Prove that the Other Driver Was at Fault After a Car Accident?

When you are in a devastating car accident, there are an overwhelming amount of things to deal with. You have to treat your injuries, get your vehicle repaired, figure out how you’re going to make ends meet after being deemed unable to return to work for the next month, and so on. Proving that the other driver involved was at fault for the accident does not have to be difficult. 

In California, liability is determined based on the elements of negligence and comparative fault. Proving liability is vital when it comes to possibly obtaining financial compensation for injuries and other damages caused by the accident. How can you prove liability of another driver? We’ll explain now!

What Evidence Do I Need to Prove Fault After a Car Accident? 

The foundation of any personal injury case is simple. First, you must establish that another party caused the incident due to negligent or reckless acts. Second, you must prove that you were injured as a direct result of the incident. When it comes to car accidents, proving liability on another driver can require varied evidence. Some of the most common evidence used to determine fault in a car accident include: 


Key evidence that could help prove liability of another driver include photographs and videos. At the scene of the accident, make sure to take as many photos and videos of both vehicles and the road. This can include vehicle positions, positions, skid marks, and other relevant environmental factors that could help layout the scene of the accident. By cataloging your vehicle with photographs, you could also record expensive repairs that need to be addressed. 


Also, many streets have traffic cameras. If your accident occurs in a busy intersection or other similar roads, be sure to look into ensuring if there are any traffic cameras that may have been recording the incident. 

Eyewitness Accounts

Luckily, there are always many people on the road. After an accident, be sure to get the contact information of any willing witnesses to the accident. Witnesses can provide unique perspectives. The personal injury attorney you work with can follow up and obtain concrete witness statements in a timely manner to support your claim. 

Document Injuries and Seek Treatment

Another rule of thumb for many people involved in vehicle accidents is to get their injuries checked out as soon as possible. Even if your injuries are very minor, it is crucial to look into prompt medical treatment. Not only does seeking medical treatment ensure your well-being, but it can provide a documented link between the accident and your injuries.

What are Common Forms of Negligent Driving? 

Many car accidents are caused by negligent forms of driving on behalf of other drivers. Understanding what some of the most common forms of negligent driving are can put more reasoning to your case, as well as provide more insight on how to build your case against one negligent driver. Some common forms of negligent driving include: 

Running a Red Light

One of the most common forms of negligent driving and common reasons for a car accident is running a red light. Drivers may be distracted by their phones, looking elsewhere, or may simply decide they shouldn’t have to wait for their light to be green. This small choice can cause a serious car accident. 


People who are late to work, hurrying to get somewhere, or simply enjoy speeding can often cause a severe accident. Speeding is one of the most common forms of negligent driving, and can unfortunately often impact unsuspecting drivers. 

Driving under the Influence

Drunk driving and driving under the influence of other drugs can be detrimental. This is a very real issue that can affect other drivers who are caught in the crosshairs. Fortunately, at the scene of a car accident, police officers may issue a DUI citation to the driver, which can be used as evidence in a personal injury case. 

Driving Aggressively 

Some drivers are much too aggressive on the road. It is often recommended to avoid these drivers and avoid interacting with them. However, after being struck by an aggressive driver, it is best to contact the police immediately, but never exit your vehicle to confront the driver. 

These are just a few examples of the most common forms of negligent driving. Other examples include failing to use turn signals, texting while driving, and other forms of distracted driving. Understanding these forms of negligent driving can provide other careful drivers with some idea of what to keep an eye out for the road. When a negligent driver causes your car accident, however, knowing the forms of negligence can help you pinpoint a reason and build your claim around it. 

What Happens After Proving Fault in a Car Accident? 

If you are able to prove fault after a car accident, the other liable driver may have to pay a certain compensation amount for your injuries. Be sure to keep any receipts or documents further explaining the costs of medical treatments, repairs, and other damages that may have resulted from the accident. With financial compensation, you can cover a variety of expenses, such as: 

  • Medical treatment, both past and future care as needed
  • Car repairs, as many car accidents can be devastating on vehicles 
  • Loss of income from being unable to work due to injuries
  • Non-economic damages, including loss of enjoyment, pain and suffering, mental anguish, etc. 

Every car accident is different, and the consequences can vary as well. One thing is for sure, if you were involved in an accident caused by the reckless or negligent acts of another driver, then you should be entitled to proper financial compensation.  

Being in a car accident can provide some life-altering consequences. You could be suffering from extensive injuries, need car repairs that are extremely pricey, and be unable to work. Holding the other liable driver accountable can make a difference on having to pay for the damages out of your own pocket. Sit down with a San Diego personal injury lawyer to discuss your case and see what the next steps are for filing a claim immediately!


Response time within minutes