Car accidents can be extremely challenging, and settling them can come with many complications. No doubt, you will be left with many questions, including how to prove you are not at fault in a car accident in Lake Charles, LA. There are critical steps you should take after an accident to ensure you protect yourself, and the experienced team at FHD Law can help guide you through the process.
Lake Charles had a population drop of about 4.5% from 2020-2024. Fewer people on the road doesn’t mean accidents stop. When they do happen, each case can get more attention. Being prepared sets your claim on the right path.
Document the Scene
After a crash, your first move is to stay calm, which allows you to remain focused. You will need to communicate with the other driver and evaluate the scene. You want to remain calm to ensure you not only document it correctly but also avoid making statements that could put you at fault, even if you are not.
Start by checking if you or others are injured. If so, call emergency services. Then, document the scene as well as you can. Take photos of the vehicles and the road. Even damage to other objects nearby can help. You will need to recreate the scene, not only for insurance but for any legal matters. Having clear pictures of the scene leaves no doubt as to the road conditions, the weather, the damage, and more.
Talk to witnesses, if any, who are nearby and obtain their contact information. Their perspective may support your version of events.
Make sure you exchange information with the other driver, including insurance information, driver’s license information, and contact information. If the Lake Charles Police Department comes, request a copy of the report.
Get Medical Care
Even if you feel fine, internal injuries can take time to appear. Get evaluated by a doctor as soon as you can after the crash. Be sure to collect and retain all copies of medical results, tests, and bills that you may have associated with this evaluation.
Be honest about your symptoms. Don’t leave anything out. Make follow-up appointments if needed. This is especially important in Lake Charles, where 11.5% of people under 65 live with a disability. If you have follow-up appointments, be sure to document your transportation to and from appointments, as this could become part of future legal claims.
No matter the extent of your injuries, you will need to document their impact on your daily life. Some injuries can affect your ability to work, care for others, and even care for yourself. Any lifestyle changes that occur because of your injuries need to be documented and supported in writing by a medical professional.
Don’t Admit Fault
You may feel pressure or the urge to explain things after the crash. Avoid any statements that may allude to fault or partial fault. Making claims related to forgetting to signal a turn, failing to see the other driver or pedestrian, or even commenting on the impacts of the weather on your driving ability, could be used against you in any fault finding.
Keep your comments to the facts. If the police ask questions, answer them clearly. Stick to what happened instead of how you feel about it.
Never talk about fault at the scene. Do not give recorded statements to the other driver’s insurance company without talking to a lawyer first. Insurers are trained to get you to say things that reduce their payout.
In Lake Charles, 59.6% of people are in the labor force. For these people, an injury that pulls them from work for even a week can hit hard. What you say after the crash could affect how much you recover. Wait to speak until you have legal guidance.
Use Evidence to Back Up Your Claim
Evidence is needed to support your version of events. It might be the only way to prove you weren’t at fault. Here are some of the strongest types of evidence:
- Photos and videos. Images of the cars themselves help show what really happened. Include shots from multiple angles. Don’t forget to document your injuries as well. Take them right after the crash if you can.
- Witness statements. Independent third parties play a large role in a case. Someone who saw the wreck unfold can confirm your story. Get the contact information for them at the accident. They can report on what they saw later.
- Police report. Law enforcement often includes a narrative about the crash. They might even assign fault. Even if the report doesn’t fully favor you, it still documents the basics. It’s important to confirm when and where the accident happened.
- Medical records. These records show your injuries. They also link your injuries to the crash. Treatment notes are important. They can also help estimate how the wreck affected your daily life.
- Vehicle repair estimates. These documents show how much force the crash involved. They can also point to where your vehicle was struck. This might help establish who hit whom.
Backing up your claim with evidence can take time. A skilled personal injury attorney can help you present it the right way.
Why Do I Need an Attorney?
Legal professionals know how to deal with insurance adjusters. They can review your evidence to make it stronger. They can also make sure you don’t miss important deadlines.
FAQs
A: You can gather evidence at the scene of a car accident by taking photos. Record the damage to cars and the road itself. Ask for contact information from witnesses. Record the other driver’s license plate. Get a copy of the police report once it’s ready. Every piece of physical evidence can help build your defense.
A: If the other driver is lying about what happened, you need to prove them wrong. You can fight false claims with facts. Use footage and physical evidence taken from the scene. Witness accounts can challenge an inaccurate version of events. This helps when there’s conflicting testimony from the other driver.
A: Comparative fault can affect your case. In Louisiana, fault is split based on how much each party caused the crash. Even if you’re partially to blame, you can still recover damages. However, the amount will be reduced by your percentage of fault. Evidence can prove how much fault each driver contributed to the accident.
A: You should be careful talking to the other driver’s insurance company if you weren’t at fault. You don’t have to give a recorded statement. The other insurer may try to shift the blame. Stick to the facts if you speak with them. Consider having a lawyer handle the communication for you. They can handle negotiations with insurance companies.
Get Legal Help Today
It can be hard to prove you’re not at fault after a car accident. Don’t let someone else’s story affect your claim. Fight back with evidence. Knowing how to prove your position gives you more control. Schedule a consultation with Fitz-Gerald, Hebert & Associates LLC to get your case moving.