Car accidents are unexpected events. They come out of nowhere and disrupt our lives. Sometimes, you get into a car accident that wasn’t your fault, but the other driver will also insist that he or she was not at fault. The driver who causes the accident must answer for the damages caused, both for the victims and the property damage.
The lawyers at Diaz & Gaeta Law are experts in accident cases. We are committed to defending our community, and we win auto accident cases in Georgia. As Hispanic attorneys, we understand the difficulties the Hispanic community faces when trying to get help for their injuries. Justice in this country is not entirely blind to the ethnicity of our clients.
There are always at least two parties involved in a car accident, and it is crucial to determine who is responsible for the collision. How can you prove that the accident was not your fault?
As a skilled auto accident attorney, I discussed this topic a few weeks ago on one of our Facebook Lives. Did you miss that? Click below to follow us and get tips related to car accidents, immigration, and other types of criminal cases.
How to Avoid Being Held Responsible for a Car Accident
Unfortunately, when someone Hispanic is involved in a car accident and doesn’t speak English very well, the other driver is more likely to blame the Spanish-speaker for the said accident because they seek any reason not to be held financially responsible.
Liability depends on where the car accident was, whose fault it was, and the witnesses’ testimonies about the car accident. Witnesses are one of the most straightforward pieces of evidence that can help prove guilt in a crash.
At Diaz & Gaeta Law, we recommend taking the following steps and avoiding making critical mistakes after a car accident.
1. Stay at the Scene of the Accident
If you don’t have a license or fear deportation because you don’t have legal status in the country, there are necessary actions you need to take after a collision. Your fear when facing a car accident can determine your future. If you choose to flee the scene after a crash, it will damage your case and your future.
The police can find you quicker than you think. They can initiate an investigation and track your vehicle by cameras or your license plate number. Running away from the scene can automatically hold you liable for the criminal consequences, civil liability, and financial expenses of the car accident.
According to the AAA Foundation for Traffic Safety, the main reasons a driver flees a car accident are:
- Driving while under the influence of alcohol or drugs.
- Driving while tired.
- Exceed speed limits.
- Distracted driving while using a phone.
In the past few weeks, some Georgia counties, such as Cobb or Gwinnett, made adjustments to accident laws about immigration. For example, 287(g), a program where immigration can detain you for traffic charges, no longer exists.
As a skilled Georgia car accident attorney, I recommend that you:
- Stay at the scene of the car accident.
- Give your accurate account of the accident.
- Wait for the officers to determine fault.
2. Collect as Much Evidence as Possible
Another way to avoid liability is to collect as much evidence as you can. Make sure you take photos of both cars involved and fully capture the scene of the accident.
Sometimes the police will blame you for the car accident based on what they see when they arrive at the scene. Keep in mind, police officers are not judges, nor are they lawyers. They are just going to take everything into account and subjectively decide who they believe is responsible for the car accident.
Were you blamed for a car accident that wasn’t your fault? Díaz & Gaeta Law offers you a free consultation for your case. Send us all the photos, videos, and evidence of the car accident that you have to help determine who was the car accident culprit. We can defend you in your criminal case and get compensation for your injuries, medical expenses, and damages to your car.
3. File a Police Report
Sometimes, the driver at fault won’t want to call the police to avoid paying for the damages. They would rather deal with the insurance company and come to an agreement later.
Don’t listen to them! Call 911 and wait for officers to arrive at the scene of the car accident. The police report could help determine that you are not at fault. Without the report, the other driver’s insurance company may claim that there is not enough evidence to determine who was at fault in the accident, and you may be the one to bear the costs for a minor infraction.
If the police do not arrive at the scene of the car accident, Díaz & Gaeta Law recommends that you:
- Exchange personal data with the other driver (name and cell phone)
- Get the number or copy of the other driver’s insurance policy. You can make a faster claim for car damage (It can be challenging to get this information, so it is essential to wait for the police.)
4. Speak to Witnesses
Ask pedestrians or nearby drivers if they saw who was responsible for the accident. Often, officers listen to both drivers but cannot determine who is at fault because you say one thing, and the other driver assures another. So, the traffic officer can make one of two decisions: write a traffic ticket for you and the other driver, or do nothing.
If you are involved in a car accident, ask onlookers if they can act as witnesses to the crash. It will be one of the pieces of evidence that your attorney will use to determine the accident fault and present a corresponding claim for damages and injuries.
Did you get a ticket for a car accident, but you have evidence to determine that you were not at fault? Call the Diaz & Gaeta Law now at 678-329-9084. Your first consultation is free. No matter your legal status, you have rights that must be respected.