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Intersection accidents are extremely common. According to the Federal Highway Administration, “roughly one-quarter of traffic fatalities and about one-half of all traffic injuries in the United States are attributed to intersections.” These accidents result from various causes, and while it will often be clear which driver is responsible, proving fault can still be challenging.

However, proving fault is very important. In fact, it is essential for securing insurance coverage beyond your personal injury protection (PIP) limit in Florida. While PIP insurance provides limited “no-fault” coverage, obtaining coverage outside of PIP requires proof that someone else (i.e., another driver) is responsible for your accident-related losses.

So, how do you prove fault in an intersection accident? Our knowledgeable intersection accident attorney explains below.

7 Ways to Prove the Other Driver was At Fault in an Intersection Accident

Proving fault in an intersection accident presents some unique challenges. From head-on collisions to T-bone accidents, the location of impact on each vehicle will not necessarily indicate which driver is responsible for causing a crash. With that said, there are several potential ways to prove which driver caused a car accident at an intersection. For example, some of the types of evidence a lawyer may be able to use to prove who is responsible for a collision include:

1. Traffic, Surveillance, Dash Cam or Cell Phone Camera Footage

In today’s world, traffic accidents are increasingly being caught on video. If your accident occurred at an intersection with a traffic camera, the recorded footage of the accident could serve as solid evidence of liability. The same is true if the accident was captured by a surveillance camera at a nearby business, a dash camera, or a witness’ cell phone.

2. Eyewitness Testimony

Eyewitness testimony can also be strong evidence of liability in intersection accident cases. From other drivers to cyclists and pedestrians, intersection accidents will often have multiple eyewitnesses. If one or more individuals can testify to what happened, their testimony could prove crucial for establishing your legal rights.

3. Vehicle Inspection Reports

While the location of impact on each vehicle will not necessarily be enough to establish liability on its own, vehicle inspection reports can still serve as crucial evidence of liability in intersection accident cases. For example, an inspection of each vehicle involved can indicate the direction of travel, the speed at the time of impact, whether the accident involved a brake failure or other vehicle malfunction, and several other key details.

4. Forensic Evidence from the Intersection

Forensic evidence from the accident scene can also help determine which driver was at fault. Skid marks, damaged guardrails and signposts, traffic signal timing, traffic patterns, weather conditions, and other forms of evidence can all be secured through a prompt and thorough on-scene forensic investigation.

5. Cell Phone or Vehicle Computer Data

Many intersection accidents are the result of distracted driving. If the driver who hit you was talking on the phone, texting, reading or sending an email, or scrolling social media at the time of the crash, your intersection accident lawyer may be able to obtain the driver’s cell phone records to prove it.

In-car distractions are becoming increasingly common as well. Vehicle computer data can be used to show what a driver was doing at the time of a crash. These data may also be helpful in proving a driver’s speed, when the driver applied the brakes (if at all), and other vital details.

6. Social Media

In a surprising number of cases, at-fault drivers post about their accidents on social media. If the driver who hit you made a post in which he or she admitted to causing the crash, your accident lawyer may be able to use this post to your advantage.

7. Accident Reconstruction

Accident reconstruction is a science that involves using the data gathered about an accident to piece together exactly what happened. Accident reconstructionists use computer applications to create computer simulations of car accidents, and when created appropriately, these simulations can be used as evidence in court. While accident reconstruction can be useful in all types of scenarios, it can be beneficial when seeking to establish liability for an accident at an intersection.

To collect as much evidence as possible, it is important to conduct an investigation as soon as possible. With this in mind, if you have been injured in an intersection accident in Port Charlotte or elsewhere in Florida, you should speak with a skilled intersection accident attorney immediately.

What About the Police Report?

What about the police report? While the police report might seem like strong evidence of liability following an intersection accident, the Florida Statutes provide that police reports are not admissible as evidence in civil lawsuits (i.e., personal injury lawsuits) in most cases. The reason for this is that the law wants to promote accurate reporting of the facts, so it provides a “privilege” to those who share information with the police—ensuring that what they tell the police will not be used against them.

However, there are some exceptions. Most notably, the Florida Statutes also state that “[t]he results of breath, urine, and blood tests administered [in accordance with Florida’s DUI laws] are not confidential and are admissible into evidence.” Additionally, even if the police report itself is not admissible, it may still lead your attorney to eyewitnesses or other evidence sources. As a result, if you have a copy of the police report from your accident, you should keep it in a safe place and bring it with you to your free initial consultation.

Contact Us for a Free Consultation with an Intersection Accident Attorney at Spivey Law Firm, Personal Injury Attorneys, P.A.

If you need to file a claim for an intersection accident in Port Charlotte or elsewhere in Florida, we encourage you to contact us promptly so that we can help you. You can get in touch with us 24/7, and we can send an investigator to the scene of your accident immediately. To speak with intersection accident lawyer Randall L. Spivey in confidence, call 888-477-4839 or request a free consultation online now at SpiveyLaw.com.