Innocent drivers are sometimes assigned fault for a car accident. This can happen for several reasons.
Witness Error
You may have been assigned fault for a car accident due to witness error. Car accidents happen quickly and unexpectedly. Witnesses are sometimes distracted, don’t see things clearly, or misremember events. Even honest witnesses make mistakes. Witnesses may provide incorrect information to the investigating officer, who then relies on that inaccurate information to reach the wrong conclusion as to who was at fault for the crash.
Officer Error
You may have been assigned fault for a car accident due to officer error. Police officers are not usually present when a car accident happens. They are called to the scene after the accident. Once there, an officer does their best to piece together what happened. Officers often do this by taking photos, interviewing witnesses, and inspecting the roadway and damage to the vehicles. Despite their best efforts, officers sometimes make mistakes as to who was at fault.
At-Fault Driver Error or Dishonesty
You may have been assigned fault for a car accident due to the at-fault driver’s statements. At-fault drivers sometimes provide incorrect information to the police officer. This can happen for two reasons: mistake or dishonesty. Because accidents happen quickly and unexpectedly, at-fault drivers are sometimes genuinely confused about how a car crash occurred. Alternatively, at-fault drivers sometimes lie about what happened to avoid responsibility. Since the officer was not usually there to witness the crash, these lies can cause an innocent person to be assigned fault.
What should I do if I was incorrectly assigned fault for a car accident?
- Gather evidence to show you were not at fault for the crash. Take photos of the crash scene and the vehicles, and, if possible, get written statements from witnesses.
- Contact the police department who investigated the crash and speak with the investigating officer. Tell the officer what happened and why you believe the other driver was at fault for the crash. Give the officer the evidence you gathered. Ask the officer to prepare an amended crash report. The “crash report” is a document the officer prepares that says how the crash happened. Make sure the information in the crash report is accurate.
- Provide the correct information and any amended or updated crash report to your insurance company. Tell your insurance company why you believe the other driver was at-fault and give them the evidence you gathered.
Contact an experienced personal injury lawyer to help you correct the error. Car crash lawyers are used to investigating crashes and can help you gather the evidence to correct the error.
Why is it important to correct the error?
Not correcting the error assigning you fault in the crash may affect your insurance rates. You could pay more as a result. Also, if you were injured in the crash, not correcting the error might prevent you from successfully recovering money for your pain and suffering from the real at-fault driver. That could cost you tens of thousands or even hundreds of thousands of dollars. Even worse, if the at-fault driver was hurt and the error is not corrected, the at-fault driver may sue you for their pain and suffering damages. You don’t want that to happen. It is important that you act quickly to correct the error if you were mistakenly assigned fault for a crash.
Don’t let someone else’s error or dishonesty negatively impact your rights.
Call or contact Conybeare Law Office now to talk with an experienced Michigan car accident lawyer
A car accident is a scary, painful, and traumatic experience. It can be difficult to know who to talk to after a crash, but having an experienced Michigan car accident attorney can help alleviate much of the stress and uncertainty that comes after an accident. The knowledgeable car accident lawyers at Conybeare Law Office will help you understand your rights so you feel like you are in control, and they will fight to get you the money you deserve. To learn more about the wide range of legal services offered to our Michigan car accident clients, talk to our office today. Conybeare Law Office has offices in Saint Joseph and Kalamazoo, Michigan, and proudly serves all of southwest Michigan and beyond. Call or contact us for a free consultation. We look forward to talking to you. Remember, if it’s not fair, call the bear.
Barry Conybeare focuses on all aspects of personal injury law, including car accidents, medical malpractice, product liability, insurance claims, and most other injury cases.
- Best Lawyers in America®, Lawyer of the Year 2024, 2021, 2017, and 2013, Plaintiffs Personal Injury Litigation, Kalamazoo Region (Southwest Michigan)
- Best Lawyers in America® 2008-2024, Plaintiffs Personal Injury Litigation, Kalamazoo Region (Southwest Michigan)
- Michigan Super Lawyers® 2009-2023