Tulsa Attorney BlogTulsa Personal Injury Lawyer: How to Prove Fault in an Auto Accident?

prove fault in auto accidentWhen an auto accident has happened, proving that the other driver was at fault is crucial in your compensation case. To determine the other driver’s fault, you should provide evidence that shows that he or she acted in a manner that was careless and not prudent. If you can prove the other driver acted negligently, you will have confirmed that he or she was at fault.

Most drivers have an intuitive or common-sense idea of who was at fault when someone caused them to crash. Few, however, know how to convince a court that that the facts and evidence support their common-sense conclusions. That is why auto accident attorneys in Oklahoma represent drivers alleging negligence on the part of another driver who caused their car wreck. 

How Is Negligence Defined?

Negligence is defined as careless or thoughtless behavior that causes harm or injury to another person. Negligence happens when a person does not do something they should have done or does something they should not have done. A court will find a defendant guilty of negligence if their unexpected behavior caused injury or harm to others.

In Oklahoma, there are elements that you must prove to show that the other driver acted negligently. You must prove that,

  • The other driver had a duty not to act the way they did or should have acted in a certain way but did not, to ensure your safety.
  • The other driver, who is at fault, did not fulfill this duty to ensure your safety.
  • Because the other driver did not fulfill his duty to you, you suffered injury.
  • You have suffered damages that you can identify because of the injuries you suffered.

How Do You Prove The Other Driver Was At Fault?

If you sue a driver that you were involved in an accident with, you must get evidence to prove that he or she is to be held liable. The evidence can be the following,


    Your own testimony.
    You should give your account of how the accident happened. Your evidence should show how the other driver acted negligently and caused the accident that injured you. To prepare to give evidence, you can take photos at the accident scene after the crash, if you can do so. Record comments of the other driver soon after the accident. They may say something that could help your case, and it helps to have it recorded.


    The testimony of those who witnessed the accident. Eyewitnesses at the scene of a crash have an opinion on who was responsible for the accident. Get all the eyewitnesses you can who see the fault of the other driver.


    Get an experts opinion to show how the other driver was at fault. Experts may introduce evidence from accident scene reconstructions, medical evidence about the drivers condition at the time of the accident, or engineering experts who might testify about normal and unusual operations of the vehicle. 


    If the other driver has a conviction in a criminal case related to the accident, present such evidence in court to prove he or she was at fault. Such a conviction could be such as vehicular manslaughter or a traffic citation. Such convictions can serve as evidence that the other driver acted with negligence.

You cannot, however, introduce a police officer’s citation or reports as evidence in your civil suit. Such evidence is considered hearsay. While the citation might not serve as evidence, an officer’s initial conclusions can set the pace and direction of an injury dispute. 

Free Consultation: Ask A Tulsa Auto Accident Attorney

Are you trying to piece together evidence to prove the fault of the other driver in an accident in which you were injured? Do not do this alone. Let an experienced personal injury lawyer Tulsa trusts take up your case and take your side in court.

Our personal injury lawyer in Tulsa, OK, is skilled and knowledgeable and will work to get you to get the most favorable outcome in your lawsuit. You do not have to leave the outcome of your case to the small details which you may overlook since you are not an expert. To begin your free consultation with a Tulsa auto accident attorney call to the Wirth Law Office at (918) 879-1681 or use the form on the top of this page to send your question. 

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