A: Determining who is at fault in an accident is often an undertaking of attorneys hired by the people involved with the accident. Evidence can include photos and videos of the incident; measurements to determine speed, trajectories and distances; records of weather, light and visibility at the time of the incident; eyewitness testimony and police reports. Fault does not need to be proven beyond a reasonable doubt, but need only be demonstrated by a preponderance of the evidence.
Correcting a Police Report
Mistakes in police reports can be fixed. If it is a factual error, like incorrect vehicle or insurance information, you can generally persuade the police to amend the report by showing them the correct documents.
Amending a disputed fact, like who is at fault in an accident, can be more difficult. Different police departments have different procedures for challenging a report. Contact the department who took your accident report to learn their procedures. In some cases, you simply include your conflicting statement with the accident report. It’s difficult to overturn a fault determination, but it’s not impossible. Consult an accident attorney to determine the strength of your case.
If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC for a free consultation.