If you were involved in an accident, it can be important to be able to prove that the other driver was at fault. In many states, you have to prove on your own that you didn't cause the accident and that the other driver did before you can file a lawsuit against the other driver's insurance company.
Step #1: Call the Police
Proving the other driver was at fault starts at the accident scene. You need to call 911 and ask for the police to respond to the scene of the accident. When the police respond, they will take your statement, as well as a statement from the other driver, and from any witnesses that stopped.
The police will use all those statements, combined with their visual observations, to assess who they think is at fault in the accident. The police will submit a report that you can later access and use to prove that the other driver was at fault.
Step #2: Talk to Witnesses
If any witnesses stop, try to talk to them and at least get their contact information. You don't have to get a statement from them there at the scene, but with their contact information, you can follow up later and get a statement from them.
If they witnessed the accident and can attest that the accident was not your fault, that can further support your own claims that the other driver was at fault.
Step #3: Get Pictures & Videos
Next, when at the scene, try to take as many pictures and videos as possible. You want to document the damage to both vehicles. You want your pictures and videos to set the scene and help establish the weather situation and how the road was set-up. You also want your pictures and videos to show any skid marks or other signs of the accident that were left on the road, such as debris.
The pictures can later be examined by an accident expert as well to help establish who was at fault for the accident.
Step #4: Document Your Injuries
Make sure that you don't just get medical assistance, but that you take pictures and write down in detail what injuries you sustained. Certain bruise patterns and certain injuries in some accidents can be used to show who was at fault for the accident.
In a car accident situation where you believe the other driver was at-fault, you need to call the police, talk to witnesses, take pictures and videos of the scene, and document your injuries. All this evidence can be used by car accident attorneys to build a case that the other driver was responsible, and thus, you have a right to sue them.