People say there are two sides to every story. The problem is the person telling one side of a story could be lying.
If you think the at-fault driver is lying about your Cleveland car crash, you need to contact an experienced attorney for help. You will need detailed evidence to successfully disprove what the other driver is saying.
Our Cleveland-based auto accident lawyers have been doing this for decades, and we have a history of proven results. While the insurance company is focused on underpaying your claim, we are committed to obtaining full compensation for your medical treatment and other damages.
There are no upfront costs with our services and your initial legal consultation is free.
We are here to assist you. Call to learn more: 216-621-0070.
Why Do Drivers Lie About Ohio Car Crashes?
People lie to protect their interests. At-fault drivers do not want to be held accountable for their actions, partly because they are concerned about their car insurance premiums going up. At-fault drivers may also be afraid of the possibility of a lawsuit and the accompanying court costs their insurance companies would have to pay.
Some drivers may have concerns about facing serious legal consequences, such as if they were drunk or under the influence of drugs at the time of the crash. Drivers may be even more likely to lie about these things if they were previously arrested for impaired driving.
Another reason at-fault drivers may lie is because they want you to be held responsible for their damages. If they can successfully shift the blame for the crash to you, your liability insurance company might have to pay for their medical costs and other losses.
Sometimes drivers lie but it appears that they genuinely believe what they are saying. They get mad at the victim of the crash, even acting like the victim is the one who caused it when that clearly is not true. These individuals may think that if they just keep denying what happened, their story will be seen as the truth.
What Do At-Fault Drivers Lie About?
These are some of the things at-fault drivers might lie about when they talk to the police or their insurance company:
- Speeding, especially excessive speeding
- Distracted driving, such as texting and driving, eating, personal grooming, or arguing with passengers
- Driving while fatigued or drowsy, including falling asleep at the wheel
- Drunk or impaired driving
- Following your car too closely
- Using their turn signal
- Road rage
- Cutting you off
- Running a red light or running through a stop sign
- Acting like they did not see you, even though you had the right of way
How Do You Disprove the At-Fault Driver’s Lies?
It might not seem fair, but it is up to you to disprove the at-fault driver’s lies about the crash. You are the plaintiff, and our legal system is set up to require plaintiffs to prove how they were wronged. Defendants have the chance to defend themselves, but they are not required to prove their side of the story.
Victims Have the Burden of Proof
As the victim, it is up to you to prove the other driver was negligent. Negligence is a legal theory applied to car accident claims and other claims for personal injuries. Negligence has four parts:
- Existence of a duty of care – A duty of care means a duty to take reasonable action to protect others from harm. Drivers have a duty to avoid reckless behavior while they are on the road.
- Breached duty of care – If the other driver breached a duty of care, through his or her action or inaction, there may be a case for compensation.
- Causal link to the crash – There must be a direct causal link between the accident and the breach of the duty of care. In other words, you must show that the accident would not have occurred without the breach of the duty of care.
- Existence of damages – You must prove the crash caused damages, such as medical bills, lost wages, pain and suffering, and more.
Evidence to Counter the At-Fault Driver’s Lies
Whether the at-fault driver is lying or not, you are going to need evidence to prove he or she is to blame. Evidence helps to establish what happened in the crash and how negligence caused the collision.
Some evidence that might help disprove the at-fault driver’s lies includes:
Pictures or Video Footage
Pictures can tell a story, especially pictures of a car accident. Pictures show how one car hit the other, and your lawyer can draw conclusions about what caused the crash. For example, crash damage tells you the position of the vehicles in the moments before the collision.
Pictures of skid marks can also tell you what the at-fault driver was doing before the collision. Short skid marks are often an indication of distracted driving or following another car too closely.
Eyewitnesses could help back up the victim’s account of the crash. They may also help to fill in gaps in what the victim says about the collision. If the eyewitness has strong credibility, his or her testimony can do a lot to strengthen a case. Credibility depends on many factors, such as where the witness was positioned at the time of the crash.
The police report may include the officer’s thoughts about who is at fault for the crash. The report will also note any citations that were issued to the at-fault driver. Another benefit of a police report is that it includes your statements about the crash. When these statements are consistent with statements you make later, it helps to build strong credibility. Disproving the at-fault driver’s lies may often come down to a question of your credibility versus the credibility of the at-fault driver.
Medical records provide strong evidence that helps to prove the existence of injuries. It can be valuable in helping to establish how a crash happened and why your injuries occurred. Medical records may also be useful in disputing some of the misleading statements or lies from the at-fault driver.
Expert Witness Testimony
An expert witness, like an accident reconstruction expert, can gather data about a crash and use advanced education in engineering and other disciplines to determine what happened. Bringing in an expert after a catastrophic crash may be useful, especially in “he said, she said” types of claims. Insurance companies are always ready to fight these claims.
What You Should You Do Right After the Accident
Your actions in the initial moments and hours after the crash can significantly impact your ability to recover compensation for your damages.
How to Respond to the Driver’s Lies at the Scene
It is understandable that you are angry about the other driver lying about what happened. After all, that individual is blatantly trying to get away with causing the crash by making you responsible for it. This can be incredibly frustrating and even infuriating.
However, it is vital that you stay calm, even if you overhear the other driver lying to the police. Getting into a confrontation will not help you win your claim. The investigating officer will speak to everyone involved in the crash, so you will have a chance to tell your side of the story. If you lose your temper and get angry, the officer might wonder if he or she should take your statements seriously.
Other steps to protect your case include:
- Going to the hospital right away – This shows a connection between the crash and your injuries and shows you are taking the situation seriously.
- Limiting what you say to the insurance company – If your statements are inconsistent in any way, it could hurt your case. The insurance company is going to question if what you are saying is the truth.
- Contacting an attorney – Our attorneys know how to respond to lies told by an at-fault driver. We know how to build strong cases because we have been doing it for decades. Your lawyer can deal with the insurance company on your behalf and guide you to be sure any statements you make about the crash are consistent. These are just a few steps we can take to help bolster your credibility.
Give Friedman, Domiano and Smith a Call After a Crash
You may be unsure if you need a lawyer’s help. You may be concerned about the cost, or the insurance company may have you thinking a lawyer will make things more complicated.
However, there are no upfront costs when you hire a lawyer from Friedman, Domiano and Smith. That means we do not get paid unless you receive compensation.
When the insurance company says a lawyer complicates things, what they really mean is that a lawyer makes things more complicated for them. Insurers always want to find some way to pay you less than you deserve.
If you were injured in a crash, call us today to find out how we can assist you.
Experienced Lawyers. Millions Recovered. Call 216-621-0070.
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