In the days and months after a car accident, it’s common for people to disagree about what happened. One person may insist that the light was green while the other swears that it was red. Sometimes these disagreements are the result of confusion, stress, or imperfect memories. In other cases, a driver may intentionally misrepresent the facts. But how can you tell which is which?
This article discusses the difference between intentional lies and honest mistakes, whether you can sue someone for lying about a car accident, and how you can protect your rights after a crash. It also explains how an Alabama accident injury lawyer can help.
Lying vs. Honest Mistakes
Not every disagreement or misstatement is a lie. The stress, shock, and adrenaline that happen after an accident can affect memory and perception. This is just one of the reasons why two people may genuinely remember the details of the same crash very differently.
So how can you tell when the other driver is lying? It’s difficult, but two factors usually serve as warning signs. First, look for stories that directly conflict with the evidence. For example, a driver may claim they never changed lanes, but surveillance video footage tells a different story.
Second, consider whether the other driver’s story has changed. Memories can change or fade over time, but if the story the driver was telling at the scene is wildly different from their later story, something may be amiss.
If you suspect that a driver or witness in your crash is not telling the truth, tell your Birmingham injury attorney immediately.
Why Drivers Sometimes Lie After Car Accidents
Unfortunately, some drivers lie after a crash. This happens for many reasons. Some think that the lie will keep their insurance premiums from increasing. Others may want to avoid a ticket. But one of the main reasons that leads people to lie is the desire to avoid being blamed for the accident.
Fault is a particularly important issue in Alabama because of our state’s contributory negligence rule. Under this rule, a person who is partially at fault in an accident cannot receive damages. This rule applies even when the person is only one percent responsible for causing the crash. So, drivers sometimes lie to shift blame to someone else.
Can You Sue Someone for Lying About a Car Accident?
Many people ask whether they can sue another driver because that driver lied about what happened during the accident. In most situations, the answer is, “Not really.” Your car accident lawsuit focuses on the accident and the injuries that resulted from it. And while there are other claims you can bring against someone who lies, they generally don’t apply in this situation.
However, there is good news. In personal injury cases, evidence is key. So, if a story conflicts with the evidence, the lie won’t stay hidden for long. Furthermore, your Alabama personal injury attorney can point out the lies to the insurers or jurors. Finally, you can protect yourself by collecting evidence as soon as possible after the accident.
What You Can Do to Preserve Evidence After an Alabama Accident
While people sometimes lie, fortunately, drivers can protect themselves. If you are physically able to do so, certain actions at the accident scene can guard against lies and protect your claim.
- First, call 911. The police report creates an official record of the accident. While it cannot be introduced at trial, the report can identify witnesses and note crucial circumstances of the crash, such as the time and location.
- Second, take pictures and video at the scene. These can be used to capture vehicle damage, road and weather conditions, traffic signals, debris, and other important details. These pieces of evidence will be crucial if the other driver changes their story.
- Third, get contact information from any witnesses. Like physical evidence, witness statements can help prove what happened and when.
- Fourth, do not talk to or argue with the other driver after the accident. Insurance companies are looking for any reason to deny your claim. They will use anything you said at the scene against you – even something that you thought was innocent. You may have said, “I’m sorry,” meaning, “I’m sorry that we’re dealing with this.” But the other driver’s insurance company will say that it meant, “I’m sorry for causing this accident.” So, it is best to stay quiet at the scene.
- Finally, call an attorney as soon as possible after the accident. Your Alabama accident injury attorney can investigate the accident and preserve evidence. This evidence will make it easier to deal with any faulty memories or outright lies.
How Can an Attorney Help You Prove that the Other Driver Is Lying?
When the parties dispute what happened, the best and strongest response is usually evidence. This is where the photographs, video footage, and witness statements that you collected at the scene become important. Additionally, your Birmingham injury attorney will conduct a thorough investigation of your accident to uncover other helpful evidence.
If a lawsuit is filed, lawyers engage in a process called discovery. During discovery, attorneys can request documents and other forms of evidence from the other side. Even better, they can request a deposition. In a deposition, the witness answers questions under oath, just like they would in court. Depositions are helpful because attorneys can compare the sworn deposition testimony with the prior statement to find inconsistencies.
Attorneys also have tools they can use when witnesses aren’t entirely forthcoming at trial. During cross-examination, lawyers can confront witnesses who change their stories. For example, if the witness changes their story on the stand, the lawyer can show the jury that they said something different at their deposition.
Get Help Building Your Alabama Personal Injury Case
Whether it’s a simple failure of memory or an intentional lie, disputed facts can complicate your Alabama injury claim. However, an experienced Birmingham injury attorney can help you build a strong case and find evidence to help you dispute any falsehoods.
If you need help after an Alabama accident caused by someone else’s negligence, contact Collins Law, LLC. Our team will fight tirelessly to protect your rights and get you the compensation you deserve. Schedule a free, no-obligation consultation by calling 205-588-1411 or using our contact form.
