Car accidents often happen in the blink of an eye, leaving drivers shaken, confused, and sometimes severely injured. In many cases, determining fault is straightforward. However, some accidents devolve into what lawyers call a “he said, she said” situation. In these cases, each driver tells a completely different version of what happened, and there’s little immediate evidence to definitively prove who was at fault.
These disputed liability cases are particularly challenging when there’s a he-said-she-said car accident with no police report, no witnesses, and conflicting accounts from the drivers involved. If you’re involved in one, don’t assume your case is hopeless. While these cases require more work and strategic legal thinking, they can absolutely be won with the right evidence, expert analysis, and experienced legal representation.
A skilled Durham, NC car accident lawyer from Kreger Brodish understands how to thoroughly investigate these complex cases and construct compelling arguments that establish fault, even when the other driver denies responsibility.
Why ‘He Said, She Said’ Cases Are Challenging
North Carolina follows a contributory negligence rule, which is one of the harshest fault standards in the country. Under this doctrine, if you are found even 1 percent at fault for the accident, you cannot recover any compensation for your injuries and damages. This all-or-nothing approach makes proving the other driver’s complete fault absolutely critical.
Insurance companies are well aware of North Carolina’s contributory negligence rule, and they use it to their advantage. When fault is disputed, insurers often deny claims entirely or offer minimal settlements, knowing that the uncertainty about liability gives them leverage. They understand that without clear proof of fault, you face the risk of recovering nothing if the case goes to trial.
The credibility battle inherent in “he said, she said” cases creates additional complications. When it’s simply your word against the other driver’s word, insurance adjusters, mediators, or juries must decide who is telling the truth. The other driver may seem equally sincere and credible, creating doubt about what actually happened. Without independent evidence to corroborate your version of events, the case becomes a credibility contest that’s difficult to predict.
Types of Evidence That Can Support Your Case
Successfully proving fault in a “he said, she said” car accident requires gathering and presenting multiple forms of evidence that corroborate your account. While no single piece of evidence may be definitive, physical evidence from the accident scene and any available video footage can be persuasive.
Witness Testimony and Expert Opinions
Independent witnesses and expert analysis can provide the most powerful evidence in disputed liability cases, offering objective perspectives that break the deadlock of conflicting driver accounts.
Independent Witnesses
Competent and neutral third-party witnesses who saw the accident carry tremendous weight because they have no stake in the outcome. Pedestrians who observed the crash, passengers in other vehicles, people in nearby buildings or businesses, and even drivers who saw the moments leading up to the collision can all provide important testimony. Their accounts either corroborate your version of events or reveal inconsistencies in the other driver’s story.
If you had passengers in your vehicle, their testimony supports your account; however, insurance companies may question their objectivity due to their personal relationship with you. However, passengers from the other vehicle can provide particularly valuable testimony. If the other driver’s passenger admits facts that support your version or contradicts the driver’s claims, this can be devastating to the opposing case.
Expert Witnesses
Expert witnesses provide professional analysis that helps judges and juries understand technical aspects of the accident. Accident reconstruction experts are perhaps the most valuable in “he said, she said” cases. These specialists examine all physical evidence to scientifically determine how the accident occurred, the speeds of vehicles involved, and the point of impact. Their analysis often reveals which driver’s account is consistent with the physical evidence and which is not.
Using Technology to Strengthen Your Claim
Modern technology provides numerous tools for investigating and proving fault in disputed car accident cases. These technological resources can uncover evidence that wasn’t available even a decade ago.
Electronic Data from Vehicles
Modern vehicles are equipped with event data recorders (EDRs), commonly referred to as “black boxes,” similar to those used in aircraft. These devices record data about the vehicle’s operation in the seconds before, during, and after a crash, including speed, brake application, throttle position, steering angle, and whether seatbelts were fastened. This objective data can prove or disprove claims about what each driver was doing immediately before the collision.
Many newer vehicles also have telematics systems that continuously track location, speed, and driving behavior. Insurance companies increasingly offer programs that monitor this data. While it’s primarily used for setting premiums, it can also provide evidence in accident cases. If the other driver was enrolled in such a program, this data might be obtainable through legal discovery.
Surveillance and Traffic Cameras
Surveillance cameras have become ubiquitous in modern society, frequently capturing footage of accidents that can definitively prove fault. Nearby businesses often have exterior security cameras covering parking lots or streets, traffic intersections are increasingly monitored by municipal cameras, and dashcams in other vehicles may have recorded the collision. Some residential areas have doorbell cameras that might have captured relevant footage.
After an accident, time is of the essence in securing this footage, as many systems automatically delete recordings after a certain period, often just days or weeks. An experienced car accident lawyer knows how to quickly identify potential camera sources and send preservation letters demanding that footage be retained as evidence.
Smartphone Data and Apps
Smartphone data can provide valuable evidence in car accident cases. GPS and location data from smartphones can verify where vehicles were and potentially corroborate driving patterns. Some navigation apps store historical route data. Phone records can show whether a driver was using their phone at the time of the accident, proving distraction. Some safety apps automatically detect crashes and record details about the impact.
Social media can also provide evidence, sometimes catching drivers making admissions about the accident or contradicting their official story. An attorney can preserve social media content before it’s deleted or privacy settings are changed.
Steps to Take Immediately After a ‘He Said, She Said’ Crash
The actions you take in the immediate aftermath of an accident can make or break your ability to prove fault later. Even if you’re shaken up or injured, following these steps protects your legal rights and preserves crucial evidence.
Ensure Safety and Call 911
Your first priority is safety. If possible, move to a safe location, check for injuries, and call 911 immediately. Even if injuries seem minor and the other driver discourages you from involving the police, insist on an official report. A he-said-she-said car accident with no police report is much harder to prove than one with official documentation. Police officers may observe evidence at the scene, note the parties’ statements, identify witnesses, and make preliminary fault determinations, all of which become part of the official record.
Seek Medical Attention Immediately
Even if you feel fine, see a doctor as soon as possible after the accident. Adrenaline can mask pain, and some injuries don’t manifest symptoms immediately. Prompt medical attention creates a record linking your injuries directly to the accident, which is critical for your case. Delaying treatment allows insurance companies to argue your injuries weren’t serious or weren’t caused by the accident.
Preserve All Evidence
Keep all physical evidence from the accident, including damaged clothing, broken glasses, or personal items damaged in the crash. Don’t repair your vehicle until it’s been photographed and inspected by your insurance company and car accident attorney. Save all accident-related documents, medical records and bills, repair estimates, correspondence with insurance companies, and notes about conversations regarding the accident.
Contact a Car Accident Lawyer Quickly
Reach out to a Durham, NC car crash lawyer as soon as possible after the accident. Early attorney involvement allows for prompt evidence preservation, including sending letters to preserve camera footage, obtaining event data recorder information before it’s lost, interviewing witnesses while their memories are fresh, and beginning the investigation immediately. The sooner your attorney gets involved, the stronger your case will be.
How a Car Accident Attorney Can Help
Attempting to handle a disputed liability car accident case on your own puts you at a severe disadvantage against insurance companies with teams of adjusters, investigators, and attorneys. An experienced Durham NC personal injury lawyer levels the playing field and helps strengthen your personal injury claim by doing the following:
- Thoroughly investigating the crash
- Using a network of trusted experts
- Gathering and preserving evidence
- Presenting persuasive claims to insurers
- Litigating the matter in court, if needed, to maximize your recovery
Contact Our Durham, NC Personal Injury Lawyers to Learn More
If you’ve been injured in a car accident where the other driver denies causing the crash, don’t give up on your right to compensation. Even in the most challenging “he said, she said” cases, experienced legal representation can make the difference between recovering nothing and obtaining the full compensation you deserve.
At Kreger Brodish, our Durham personal injury attorneys have successfully handled numerous disputed liability cases and know how to build winning strategies even when the odds seem stacked against you.
Don’t let a disputed fault situation prevent you from pursuing the compensation you need and deserve. Let Kreger Brodish put our experience and resources to work for you. Contact us today for a free, no-obligation consultation to discuss your he-said-she-said car accident case.
