What evidence is needed to prove liability?
People rarely want to accept liability (or responsibility) in a road traffic accident, even though they could be responsible for seriously hurting someone. Liability can either be reasonably straightforward and clear cut, where one party is 100% liable for an accident, or extremely complicated and time consuming, in a situation where multiple vehicles were involved. It will very much depend on the facts and the evidence available. If someone is injured in a road traffic accident, the police must always be called and they will produce a police report, which will contain all parties contact details, witness contact details, plus a description and possible diagram of the incident. This report could be the lynchpin for your case, however, it will not include witness statements or photos of the scene. Any additional information that can be provided, the stronger your case will be.
Here are the types of information needed to help prove who was liable for the road traffic accident:
- Date, time and weather conditions
- Who was involved in the accident – names and contact details
- Where the accident took place
- Speed of vehicles before accident
- Position of vehicles after accident
- Which drivers/riders were obeying the Highway Code?
- Eye witness statements and any photos
- Police reports
- Photos and diagrams of accident and road layout
Some people think liability is merely a question of who was obeying the Highway Code and who wasn’t, but it isn’t always the case. While a failure to observe the Highway Code may be evidence of blame for an accident, the whole of the circumstances have to be taken into account. If the breach did not cause or contribute to the accident it will be ignored in deciding who was to blame.