It is no secret that after a Kansas car crash, “anything you cay (or write) can and will be used against you” if you seek compensation from another driver. This is why you should not tell the other driver, a witness, or a police officer that you are “sorry” for the accident or somehow insinuate that the accident was primarily your fault. Similarly, you should not post any description of the accident to your social media accounts or give any insurance company a written statement unless you have discussed doing so with your attorney. When you notice that the other driver who you believed caused your car crash violates this advice, does this mean your car accident lawsuit is guaranteed to succeed? Not necessarily.
The Best Statements are Those in Writing and Clearly Made by the At-Fault Driver
When a “confession” or “admission of responsibility” is made following a car accident, its persuasive power will depend on how the admission is recorded and whether it is clear that the at-fault driver made that admission. The most powerful and persuasive admissions are those that are made by the at-fault driver in writing and that are clearly attributable to the at-fault driver. Some of the least persuasive admissions are those made orally to you alone, as the at-fault driver can deny that he or she ever made the statement. For example, an allegedly at-fault driver who posts a statement on his Facebook account shortly after returning home from an accident in which the driver admits he was not looking when he entered the intersection just before the crash will have a difficult time explaining in court why this statement should not be held against him. Conversely, if that same driver only said to you that he was “sorry” for the accident and no one else heard him but you, it will be challenging to get the driver to admit in court that he made this statement to you.
What if All I Have is an Oral Admission of Fault?
To be certain, an oral admission of fault by the other driver is better than no admission at all. But to maximize the impact of an oral admission of fault made by the other driver in your car crash, consider the following:
- If you are speaking to the other driver the presence of the third party, ask the third party if he or she heard the other driver’s admission. If so, be certain to obtain this third party’s contact information so he or she can be called as a corroborating witness, if needed. You may also ask if that witness will provide a statement to law enforcement officers about what the other driver said to him or her;
- Write down what the other driver said as soon as possible after the crash, along with all other details about the crash that you can remember. The sooner you make this written report and the more details you include, the more credible your written recollection may appear to a judge or jury. Be certain to write down the exact words the other driver used.
Provide this information to your Kansas car crash lawyer, Michael R. Lawless. Seasoned Kansas City Car Crash Attorney Michael Lawless’ experience and knowledge means he is well-equipped to make the best use of such statements in your trial. Call Michael R. Lawless today at (800) 734-3771.