What Should I Do if the Other Driver Is Blaming Me for a Car Accident?

After a car accident happens, you may instantly believe that the other driver caused the collision. Whether they hit your car from behind, ran a red light, or sideswiped you, you may believe they are clearly at fault for the accident. However, when you start talking with them, they try to blame you for the accident, which may leave you feeling shocked and upset.

Immediately after a car accident, your first instinct may be to get out of your car and speak with the other driver. While many people will express remorse for the accident, other drivers will become contentious and try to blame you. However, it is important to remain calm in this situation. The steps you take after your car accident can help you preserve the evidence you need to show that the other driver caused the collision.

Call 911

Even if you have not been injured, calling 911 is a good idea because you can get a record of the accident. Too many people avoid the hassle of calling the police, and the other driver may refuse to admit an accident even happened. When the police arrive at the accident scene, they will speak with you, the other driver, and any witnesses. They will compile all of this information in a police report. While they may not assign fault in their report, the information they collect can help your lawyer prove the other driver was to blame.

Calling 911 also sends emergency medical personnel to the accident scene. Even if you do not think you have been injured, you may have injuries you do not know about. Your adrenaline is running and may mask the pain you would otherwise feel. The emergency medical personnel can treat you and make sure any injuries you have are taken care of right away.

Take Pictures and Videos

Pictures and videos are some of the best forms of evidence. Get images of the entire accident scene, each vehicle, any injuries you may have suffered, and anything else that seems relevant. These images can prove invaluable to show how the accident happened.

Speak With Witnesses

Witnesses often provide a unique perspective on the seconds leading up to your crash, and they may be able to give information that you were unaware of during the accident. However, especially in a minor accident, witnesses will not always wait around for the police to arrive. Make sure you at least get witness contact information so your lawyer can speak with them later.

See Your Doctor

Even if you were treated at the accident scene, you should still see your primary physician as soon as possible after your accident. Your doctor will be able to rely on their past evaluations of you to see how your body has changed and how your life has been affected by your injuries. Some injuries do not show up until later, so it is critical to always get medically evaluated after any type of collision. You may have a serious injury without even knowing you have been harmed.

Keep a Journal

Your own words will provide some of the best evidence of how your life has been affected, even temporarily. Writing in a journal every day ensures that you do not forget every hurdle and pain you had to endure on your road to recovery. Over time, you will not be able to recall everything you had to overcome to get back to your normal life. Keeping a regular journal will help you preserve that evidence.

Speak With a Lawyer

Talking to a lawyer about filing a personal injury claim may not be your first priority. However, even if you only suffered property damage, a fight about fault may mean you have to pay out of pocket to get your car fixed. Your lawyer can help you collect the evidence necessary to prove that the other driver caused your accident.

Proving Fault

Proving fault in a car accident is much more difficult than it sounds, especially if the at-fault driver refuses to accept any responsibility for the collision. To prove fault, you will need to show that the other driver owed you a duty of care, breached that duty, and was negligent in some way. You and your lawyer can do this by compiling evidence that proves:

The other driver owed you a duty of care to drive safely.
The other driver breached that duty of care by failing to drive safely or by driving in a careless or reckless manner.
The other driver’s breach of duty resulted in an accident where you suffered damages.

Your damages could be car repair costs, medical bills, financial losses, or all of those. It is important to remember that a car accident often creates a snowball effect of financial problems. If you have injuries which keep you out of work, even for just a few weeks, that is a few weeks of missed pay, which is money that you may need to cover your living expenses and your losses. Too many people end up shouldering the financial burden of someone else’s negligence.

To help you recover after a car accident, your lawyer may try to help you get compensation for the following:

Pain and suffering.
Emotional distress.
Lost income.
Lost earning potential.
Loss of companionship.
Loss of life enjoyment.
Present and future medical expenses.
Rehabilitation costs.

Getting compensation for your losses will not undo the pain and the frustration you have to endure. However, it will give you the chance to focus on your health and well-being since you will not have to worry about your financial losses.

Filing a personal injury claim can seem overwhelming, but once you speak with an experienced lawyer, you may feel more confident. Your lawyer will shoulder that burden, giving you the time to focus on getting better.

Even when the other driver tries to blame you for the accident, evidence will help prove them wrong. That is why it is so vital that you partner with a lawyer as soon as possible after your accident. Over just a short period of time, evidence can go missing, and witnesses may forget what they saw. Your lawyer will want to review this information and take witness statements as soon as possible after your accident.

Additionally, you only have a certain amount of time to file a personal injury claim. In Virginia, the statute of limitations to file a personal injury claim is two years from the date of the accident.

Virginia Beach Car Accident Lawyers Can Help You Prove the Other Driver Caused the Collision

A car accident can be a traumatic experience, and it can be even more difficult if the other driver is blaming you for the collision. If the at-fault driver refuses to accept responsibility or tries to blame you for the crash, you should speak to one of our Virginia Beach car accident lawyers. Our legal team at East Coast Trial Lawyers will protect your rights. Call us today at 757-352-2237 or contact us online to schedule a free consultation. Located in Virginia Beach, we serve clients throughout Chesapeake, Eastern Shore, Hampton, Newport News, Norfolk, Portsmouth, and Suffolk, Virginia, as well as North Carolina and nationwide.