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After a car accident, you may expect the other driver to tell the truth about what happened. Unfortunately, that does not always occur. An at-fault driver may deny speeding, claim you changed lanes, insist a traffic light was different, or provide an entirely different version of the collision.
A dishonest driver’s statement does not automatically determine who is responsible for a Florida car accident. Evidence can be used to establish what actually happened. At Kemp Injury Law, we help injured people in Winter Haven, Lakeland, and throughout Polk County investigate crashes and pursue compensation when another driver’s negligence causes an injury.
A driver may have several reasons for changing or misrepresenting the facts after a collision.
They may be concerned about insurance consequences or potential liability for the injuries they caused. Some drivers may also realize after the crash that admitting to certain behavior could make it easier to establish fault.
Disputes commonly involve claims about:
In other situations, two drivers may genuinely remember a stressful event differently. Regardless of why the stories conflict, determining liability requires looking beyond the statements of the people involved.
Our Winter Haven car accident attorneys can investigate the circumstances surrounding a collision and identify evidence that may help establish fault.
An accusation does not make you legally responsible for a crash.
If the other driver tells police or an insurance company that you caused the accident, the claim should be compared with the available physical and documentary evidence.
For example, a driver might claim you suddenly entered their lane. Photographs of vehicle damage, roadway markings, dashcam footage, or an independent witness may tell a different story.
This is why evidence preservation can become especially important when the drivers disagree.
If possible, take photographs and videos at the scene before vehicles are moved. Capture vehicle positions, damage, debris, skid marks, traffic signals, lane markings, and surrounding conditions.
The more objective information available, the less the claim may depend on one driver’s word against another’s.
A crash report may contain useful information about a Florida car accident. Depending on the circumstances, it can identify the drivers, vehicles, insurance information, witnesses, and other details surrounding the collision.
However, the police report is not necessarily the only source of evidence.
An officer may arrive after the crash and rely on statements from the people involved. If the other driver gives an inaccurate account, additional evidence may be needed to challenge that version of events.
This can include photographs, videos, witnesses, physical vehicle damage, and other information obtained during an investigation.
Independent witnesses can be particularly valuable in a disputed Florida car accident.
Someone standing near an intersection may have seen which vehicle had the green light. Another motorist may have observed the at-fault driver speeding or weaving between lanes before the collision.
When possible, obtain the names and contact information of people who witnessed the accident.
Do not assume that every witness will automatically appear in a police report. Someone may stop briefly to make sure everyone is safe and then leave before law enforcement gathers their information.
Witnesses should also be contacted promptly. Memories can become less detailed over time, and it may become difficult to locate someone months after a Winter Haven or Lakeland accident.
Modern car accident investigations can involve considerably more than statements from the drivers.
Depending on the circumstances, useful evidence may include:
Imagine that another driver denies running a red light at a busy Winter Haven intersection. A nearby business may have an exterior security camera that recorded the collision.
Similarly, a driver who denies being distracted may have been using a phone immediately before the crash. Whether relevant cellphone information can be obtained will depend on the circumstances of the case.
The important point is that a driver’s statement is only one potential piece of evidence.
Changing stories can create questions about credibility.
For example, a driver might initially apologize at the accident scene and acknowledge that they did not see your vehicle. Later, when speaking with an insurance company, they might claim you caused the collision.
This is another reason to document the accident as thoroughly as possible.
Write down what happened while the events are still fresh in your memory. Preserve relevant messages and communications. If a driver made a significant statement at the scene, tell your attorney.
Avoid confronting the other driver or attempting to prove that they are lying yourself. An investigation should focus on gathering objective evidence and establishing the facts.
Insurance companies investigate claims to determine liability and evaluate potential financial exposure.
When drivers provide conflicting accounts, an insurer may examine available evidence before deciding whether to accept responsibility. That investigation could include statements from the drivers, photographs, vehicle damage, police records, witness information, and other evidence.
You should be cautious when communicating with the other driver’s insurance carrier.
An adjuster may ask for a recorded statement about the accident. Questions may focus on your actions immediately before the crash, your injuries, or other details that could affect the claim.
You do not need to exaggerate or speculate. Stick to facts you know and avoid guessing about details you do not remember.
If liability is disputed, speaking with a Florida car accident attorney before providing extensive statements to another driver’s insurer can help you understand your options.
Some accidents involve allegations that more than one person contributed to the collision.
Florida uses a modified comparative negligence system for many negligence claims. The percentage of fault attributed to each party can therefore have a significant effect on whether and how much compensation may be recovered.
This makes false accusations about fault particularly important.
An at-fault driver or insurance company may argue that you were speeding, distracted, or otherwise contributed to the accident. Evidence that disproves those allegations can affect the outcome of the claim.
A detailed investigation can help establish what each driver actually did before the collision.
If the other driver is blaming you for an accident you did not cause, focus on protecting your health and preserving evidence.
Important steps may include:
You should also act promptly. Video footage may be overwritten, witnesses can become difficult to locate, and physical evidence can disappear.
When another driver lies about how an accident occurred, an attorney can investigate evidence rather than simply accepting the competing accounts.
At Kemp Injury Law, we can examine the circumstances of a Winter Haven or Lakeland crash, communicate with insurance companies, identify available evidence, and determine which parties may be responsible.
A serious car accident can involve medical expenses, lost income, vehicle damage, pain and suffering, and other losses. A liability dispute should not be ignored simply because the other driver refuses to accept responsibility.
A dishonest statement from another driver can complicate an insurance claim, but it does not erase physical evidence, witness accounts, video footage, or other information that may establish how the collision actually occurred.
If you are dealing with injuries after a disputed car accident in Winter Haven, Lakeland, or elsewhere in Polk County, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
