What Is a “Truth Contest” and How Does it Affect My Car Accident Case?
To win a car accident case, you need to prove that the other driver was to blame. This task can be daunting when the other driver will not tell the truth about what they did. The Atlanta car accident attorneys at Hall & Lampros, LLP could work to prove your side of the story.
Car accident cases require you to prove your case by a preponderance of the evidence. You always need physical evidence to back your claim. It is even more vital to have strong evidence when you have to overcome the story that the other driver is telling, which is a polar opposite of yours.
Contact the Atlanta car accident law firm Hall & Lampros immediately after your car accident to get the effective legal help you need to win. Our car accident attorneys in Atlanta are standing by, and we will immediately go to work on your behalf.
The Other Driver May Be Afraid to Tell the Truth
Regardless of what actually happened in your car accident, both you and the other driver have your own motivations. The other driver may be worried about the consequences for themselves when they are to blame for the accident. The problem for you is when the other driver tells a different and false story about the accident. Even though you know that their account is wrong, it could present difficulties for your car accident case. This is what is known as a “truth contest,” and it is one that you have to win.
Truth contests occur most often in T-bone or intersection car accidents. One driver clearly ran a stop sign or red light, but it is not always immediately apparent which one did it. Each driver is pointing the finger at the other, even though you are absolutely certain about what happened. The problem is compounded when you do not have anyone immediately available who saw the accident.
A Car Accident Attorney Can Work to Help You Prove Negligence
The challenge is that you must prove that the other driver was negligent for them to assume a legal obligation to pay you. The burden of proof falls squarely on you, and you are the one who needs to bring evidence about what the other driver did. If you cannot break the logjam, you would not qualify for compensation. Nonetheless, you would have a challenge overcoming the other driver’s story when they are standing by their story that you were the one to blame.
The best thing that you can do is to hire an experienced car accident lawyer to represent you as soon as possible after the accident. There are a number of things happening during this time. One of the most dangerous things for your case is that the other driver’s insurance company may be pressuring you to give a statement that they may twist around and take out of context. At the same time, you could quickly be losing evidence that you need to prove your case. All the while, you may be dealing with physical injuries that are taking the bulk of your time and bandwidth.
How an Atlanta Car Accident Lawyer Can Help Break the Deadlock
Your car accident lawyer could do the following to prove your case:
- Interview witnesses who saw the accident who would give their statements
- Take and review pictures from the scene of the accident which shows the position of the cars at the time of the accident
- Analyze the damage to both vehicles.
- Obtain any available traffic or dashcam footage
- Work with an accident reconstruction expert to prove that the other driver was at fault
- Continue to gather evidence if your case goes to trial through the discovery process
If you just cannot persuade the insurance company that their driver was to blame, you can always take your case to court. Although very few car accident cases will ever go to trial, it is a necessity when you and the insurance company are at an impasse because you need a third party to make a decision. If you do litigate your case, your car accident law firm would be able to question the other driver under oath at a deposition. Then, your car accident attorney can give a close amount of scrutiny to the story that the other driver is telling to poke holes in it.
In the end, you always have the legal right to your day in court. The insurance company claims process is an informal mechanism, and it is not the final say in your case.
Contact an Atlanta Car Accident Lawyer Today
Take control of your legal situation by calling the determined Atlanta car accident lawyers at Hall & Lampros today. You can speak with one of our car accident attorneys in a free initial consultation by sending us a message through our website or by calling us today at 404-876-8100.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.