In Louisiana, the driver who is found at fault for a crash is financially liable for the damages that result. The victim can file a claim against the at-fault driver’s insurance company to recover compensation. A claim against a driver’s insurance is most likely going to result in an insurance premium increase in the future. This gives the at-fault driver a reason to lie about the crash to try to avoid liability.
For example, the at-fault driver may claim you were negligent or deny his or her own negligent behavior, like distracted driving or speeding. This is different than the at-fault driver having a different account of the crash than yours.
If you think the at-fault driver is lying about your accident, there are steps you can take to challenge these falsehoods. It is important to hire an experienced attorney to help you, as you will need strong evidence to disprove the at-fault driver’s claims.
At Galloway Jefcoat, we have been advocating for crash victims’ rights for decades and we have obtained millions on their behalf. Our Lafayette auto accident lawyers have decades of combined experience investigating crashes and building robust cases.
Free consultation. Call today to learn more: 337-984-8020.
What At-Fault Drivers Might Lie About
At-fault drivers sometimes lie about their role in a car accident. They may lie about what they were doing in the moments before the crash, such as:
- Driving while fatigued – Drowsy or fatigued driving is a factor in tens of thousands of crashes each year, resulting in thousands of injuries and hundreds of deaths. It can be a challenge to prove drowsy driving, which may be why drivers think they can get away with lying about it. How do you prove someone did not get enough sleep?
- Driving under the influence – It could be quite difficult for an at-fault driver to get away with lying about drunk driving. If the police officer suspects impaired driving, he or she is likely going to request the driver submit to a breath or field sobriety test. However, the driver may still choose to lie about whether he or she consumed alcohol. The driver may also want to avoid the criminal penalties that may come from drunk driving, such as fines, jail time, restitution, or restrictions on driving privileges.
- Distracted driving – It could be a challenge to prove distracted driving. Unless you have a picture or video footage of the other driver texting and driving or being distracted by something else, your lawyer is going to need to thoroughly investigate. For example, your lawyer may need to request phone records and/or dash cam footage to prove the other driver was distracted.
- Violating the speed limit – Speeding is one of the most prevalent causes of motor vehicle accidents. That said, it can be a challenge to prove. If the road where the crash occurred has traffic cameras or a police officer had a radar gun on the at-fault driver, speeding may be easier to prove. Short of that, your lawyer may need various pieces of evidence to build a case, such as an assessment of crash damage, crash test data, witness statements and possibly more.
While proving the at-fault driver is lying benefits your claim for compensation, it could also result in penalties. It is a crime to lie to the police after a car crash, as this will be noted on the police report. If the driver lies to his or her insurance company, the insurance company may try to revoke coverage.
What to do About the At-Fault Driver’s Lies
It is only natural to get upset if you hear the at-fault driver lying about what happened. This person caused the crash that injured you and it can be upsetting to see this person attempting to avoid responsibility for his or her actions.
However, it is vital that you do not get upset with the other driver or start arguing with him or her. You can hire an attorney to help you disprove the at-fault driver’s lies. It is important to remain calm and take steps to help protect your credibility.
Tell the Police What Happened
No matter how minor you may think an accident is, it is important to contact the police. The police can investigate the crash and file a report that can serve as important evidence in a car crash claim. The police may be able to spot a lie being told by the at-fault driver and note it in the report.
The report may also contain the officer’s opinion about the cause of the crash. He may conduct a field sobriety test or ask the driver to take a breathalyzer test, and this may disprove lies about drunk driving.
Explaining your side of the story is more important than getting into an argument with the other driver. You can discuss the situation with an attorney and he or she can explain what to do next to build a case. If the other driver acted with negligence, it is highly likely the truth will come up, particularly if you hire an attorney.
If the police report contains inaccuracies because of the lies the at-fault driver told, there are steps you can take to try to correct it. For example, the at-fault driver may lie if you get taken away from the scene for medical care. If this happens, you might not be around to contradict the at-fault driver.
Our attorneys can help you challenge/correct inaccuracies in the police report.
Keep Your Statements Consistent
Your credibility is an important factor in a claim for compensation. The at-fault driver’s insurance company will be looking for some reason to attack your credibility. If your statements about the crash vary or have contradictions, your credibility will take a hit.
Lack of consistency can not only hurt you in an insurance claim, but also a lawsuit. One of the most important factors a jury will weigh is the credibility of the victim.
If you are consistent, and your lawyer can prove the other driver is lying, it helps bolster your case.
One of the things that can make consistency a challenge is talking to the insurance company. Victims should strongly consider allowing their attorneys to deal with the insurance company. Insurance companies know how to trick crash victims into contradicting themselves. Getting into too many conversations with insurers increases the risk of hurting your claim.
Collect Evidence
At Galloway Jefcoat, we are committed to managing every step of the legal process on your behalf. This includes investigating and collecting evidence to help support your case. For example, we can review:
- Crash damage reports
- Crash test results for the make and model of your vehicle
- Pictures of the scene
- Medical records
- Statements from eyewitnesses and potentially expert witnesses
- And more
You can help your attorney by taking pictures at the scene if you are able to do so. You can also collect contact information from witnesses and provide it to your attorney. He or she can contact them to get a statement about what happened.
Sometimes there may be video footage of the crash, such as from a surveillance camera or dashboard camera. Our attorneys know how to formally request such footage to help build your case.
Do You Suspect the Other Driver is Lying? Call Galloway Jefcoat
Sometimes it is obvious the at-fault driver is lying, and the police may be able to spot a lie when talking to the at-fault driver at the scene. Other times, it can be harder to prove another driver is lying.
That is why you need help from a licensed attorney with a track record of success representing Louisiana car crash victims. For more than 25 years, Galloway Jefcoat has been securing millions in compensation.
There are no upfront fees with our services. That means there are no fees before we take your case and no fees while working on your case.
Contact us today. We are ready to assist you: 337-984-8020.
June 11, 2021
Lafayette Parish