Ways That Your Attorney May Be Able To Prove That The Other Driver Tried To Get Hit

Posted on: 4 June 2018

It's stressful enough being in a car accident, and even more stressful when it appears to you that the other motorist stopped suddenly so that you'd hit him or her. Of course, you're supposed to follow at a safe distance that enables you to stop in a timely manner, but there are situations in which a motorist brakes aggressively with the hope of being hit from behind. That motorist can then feign a serious injury, hire a potentially unscrupulous attorney, and take legal action against the other driver. If you've rear-ended another motorist who you believe wanted to be hit, here are some ways that your attorney may be able to prove it.

Investigate Prior Incidents

Often, those who attempt to get in car accidents with the hope of getting a financial settlement have experience in doing so. Simply put, if the person you hit wanted to get hit, there's a good chance that he or she has already been through a similar situation. Your attorney's investigators will dig into the person's personal and legal history to find out if he or she has made similar claims against other motorists. Being rear-ended on more than one occasion doesn't necessarily constitute fraud, but it can be suspicious and encourage the investigators to dig deeper.

Obtain Video Surveillance

If you're lucky, a residential or business security camera aimed at the street will have captured your collision. The attorney's investigators with canvass the scene to determine if any security cameras are present; in some cases, the investigator may even be able to get a red light camera if one is set up nearby. This surveillance can be detrimental for a motorist who wanted to be hit. For example, if the footage clearly shows that there was no reason to stop aggressively, it can support your case.

Interview Witnesses

If any witnesses come to the scene immediately after your collision, take down their names and contact information. A car accident case can hinge on what witnesses say, given that the two drivers involved will often give competing accounts of what happened. While a witness can't speak to whether the other motorists was wanting to be hit or not, he or she can explain what he or she saw. For example, the witness could say that the other driver hit the brakes very hard with no apparent reason for doing so. Enough witnesses making statements of this nature can help your case.

For more information, contact your local car accident lawyers.