Who Caused The Accident?

Practical Tips for Proving Fault in a Motor Vehicle Accident 

I once worked for nearly four years at an Outside School Hours Care. The age of the children under our care ranged from Prep to Grade 6, and I must say it was a lot of fun.

I especially enjoyed the opportunity to spend my mornings supervising LEGO and my afternoon on the oval dominating at soccer, touch football, red-rover and the like.   

However, one of the aspects of my role which I did struggle with (and I’m sure anyone with any experience taking care of young children can relate to), is that the children don’t always co-operate very well. 

One source of tension always seemed to be the LEGO. 

Child A: “Luke, I was using that piece and SHE stole it.” 

Child B: “No, it was I who was using that piece the whole time and HE stole it”. 

While this was difficult enough at Outside School Hours Care, sometimes motor vehicle accident personal injury cases can also reduce to a matter of “he-said”, “she-said

In Queensland, unless it can be established the other side are at fault for the accident it is difficult to claim the full extent (or any!)  of the compensation owed to you. 

We offer the following practical tips to assist in proving fault should you be in an accident. 

  1. Obtain a Police Report: Whether you attend the local police station or apply through Police Link, obtaining a Police Report will assist in showing your side of the story; 
  2. Write it down! As soon as you can after the accident (while your memory is fresh) write down a description of the accident as you recall it;
  3. Use Video Evidence! Footage of the accident is always extremely useful. For cyclists and motor bike riders, look to Go Pro and Action Cameras. Similarly, dash cam footage almost always produces the evidence needed to prove fault and make your case.

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