Proving Fault in a Rochester Car Accident: What You Need to Know

Here’s How to Fight Back

After a Rochester car accident, you might find yourself facing a battle over who was at fault. The other driver may try to twist the story, and insurance companies will do everything they can to avoid paying what you deserve. Knowing how to prove fault is the key to protecting your right to compensation. Rochester has its own share of car crash hotspots throughout the city.

The car accident lawyers at Horn Wright, LLP, we know how insurance companies operate. We’ve helped countless accident victims in Rochester hold negligent drivers accountable and recover the compensation they need. If you’re struggling to prove fault, let one of the best law firms in America take that burden off your shoulders.  

No One Admits Fault—Here’s How to Prove It Anyway

Very few drivers openly admit they caused an accident. That leaves it up to you, and your Rochester personal injury attorney, to compile evidence proving what really happened. The good news is there’s several different ways to establish fault, even if the other driver refuses to tell the truth.

The Police Report: Your Secret Weapon or Your Worst Nightmare?

One of the first pieces of evidence that insurance companies look at to determine who was at fault is the police report. The responding officers will document details like vehicle positions, visible damage, road conditions, and any traffic violations. If the report backs up your side of the story, it can be incredibly helpful in proving your case.

What if the police report is wrong? Whether it’s the Rochester Police Department, Monroe County Sheriff’s Office, or the New York State Police, you have options. You can request a correction by providing additional evidence, such as:

• Witness statements that clarify what really happened
• Photos or videos from the accident scene
• Dashcam footage that captures the moments before impact

The sooner you address errors, the better. Hiring a personal injury lawyer at Horn Wright, LLP, can expedite this process by spotting the inaccuracy quickly and immediately requesting a correct. A mistake in a police report can be used against you, so you want to correct it as quickly as possible.

Skid Marks, Debris, and Damage—The Clues That Tell the Real Story

The most compelling evidence when proving fault often comes from the scene itself. Skid marks, debris patterns, and vehicle damage can all tell a story about how the crash occurred.  

• Skid marks may indicate that one driver tried to stop while the other didn’t.
• The location of debris can show where the impact occurred, helping to determine which driver was in the wrong lane.
• The angle and severity of vehicle damage can confirm or contradict a driver’s version of events, such as whether they were trying to make an improper U-turn.

This type of physical evidence is difficult to dispute, making it incredibly valuable in proving fault. Take the time to snap the best possible photos of the accident scene you can. The location of the car crash can change later, so documenting it as soon as possible is sometimes the only way to preserve things.

Witnesses Can Make or Break Your Case—Here’s How to Get Them on Your Side

Eyewitness testimony can be one of the strongest forms of evidence in a car accident claim, especially in a wrongful death case where a loved one has been lost. Unlike drivers involved in the crash, neutral witnesses have nothing to gain from the outcome. Their statements can help support your case, especially if they confirm details like:

• The other driver was speeding, distracted, or ran a red light.
• You had the right of way when the collision occurred.
• The accident happened exactly as you described it.

But witnesses don’t stick around forever. Ultimately, you want to preserve their recollections for a future personal injury lawsuit. If you find someone willing to speak up, get their contact information immediately and give it to your attorney.

Traffic Laws Don’t Lie—Use Them to Prove the Other Driver Was at Fault

Rochester has strict traffic laws, and if the other driver broke them, they’re likely at fault. Violations like speeding on I-490, running a red light at East Main Street, or making an illegal turn near the Public Market can all play a role in proving negligence. If a police report or witness confirms a violation, you have strong evidence that the other driver was responsible for the crash.

Certain accident locations can also indicate fault. For example:

• Rear-end collisions almost always point to the rear driver failing to stop in time.
• Left-turn accidents often show that the turning driver didn’t yield to oncoming traffic.
• Parking lot crashes may highlight a driver’s failure to check blind spots before backing out.

When the law is on your side, proving fault becomes much easier. Hiring a Rochester car accident lawyer gives you the advantage of having counsel familiar with the local courts and laws, and who can aggressively pursue the negligent driver for their conduct.

Think You’re Partially at Fault? You Could Still Get Paid

Even if you think you may have contributed to the accident, you could still recover compensation. New York follows a pure comparative negligence rule, which means you can receive damages even if you were partially responsible. However, your compensation will be reduced by your percentage of fault.

Insurance companies love to twist the truth to make you seem more at fault than you really are. Don’t let them get away with it. If you need help proving the other driver’s negligence, our team of Rochester lawyers is here to fight for you.

Need Help Proving Fault? Get a Free Case Review Today.

Proving fault isn’t always easy, but you don’t have to handle it alone. At Horn Wright, LLP, we know what it takes to build a strong case and hold negligent drivers accountable. If you need help gathering evidence, disputing a police report, or dealing with insurance adjusters, we’re ready to step in. 

Contact our Rochester office today for a free consultation and let us help you get the compensation you deserve.