Perhaps you are facing a claim or lawsuit against you because of a motor-vehicle crash that is not your fault. Several reasons may exist for why you are being sued. One explanation might be that the other driver is misled or mistaken in her or his beliefs. Another reason may be that the claims made against you are outright frivolous, depending on the circumstances. Maybe a reason is that the "accident report" is truly incorrect. 

If the accident report is wrong, your frustration is understandable. It is not fair to be blamed for something when it is not your fault. 

If you are reading, you may be in a situation where you are incorrectly listed as the "primary contributing unit" in the accident report. You may be asking yourself, "Why am I being sued if the accident report is wrong?" It should be noted that the primary contributing unit is not intended to imply legal fault or liability for the crash. However, the label often helps point towards liability in that the primary contributing unit is supposed to be the driver most closely associated with the "primary contributing circumstance." For example, the primary contributing circumstance may be the failure to yield right-of-way. Often, the driver who fails to yield right-of-way is at fault. 

"primary contributing unit"

The "Primary Contributing Unit" in an Alabama Uniform Traffic Crash Report is sometimes incorrect. 

In the State of Alabama, when the police investigate a motor-vehicle crash, they typically create a report about the crash. The accident or police report is accurately called an "Alabama Uniform Traffic Crash Report." In the report, the police provide information about the crash. The police often deem a driver as the "primary contributing unit" for the crash. Sometimes, the police list "unknown" for the primary contributing unit if they do not feel confident about who to list as the primary contributing unit. 

However, the police are often not present to personally observe a motor-vehicle crash when it happens. The police are supposed to investigate the circumstances of the crash. It is possible for the police to make a mistake in concluding that a particular driver is the primary contributing unit, and that driver is incorrectly listed as the primary contributing unit in the report. For instance, the police may interview a "witness" who is mistaken about who ran the red traffic light. The police may innocently rely upon the incorrect information in deciding the primary contributing unit for that crash. The mistake will be reflected in the report. The conclusion reflected in the report may be far from the truth, but the report is not the final determination of the matter. Under Alabama law, police reports are statutorily inadmissible evidence at trial. In a jury trial, the jury is the finder of fact and renders the verdict, which includes who is liable or legally responsible for the crash.

What do you do if the crash is not your fault?

If the crash is not your fault, you need evidence to dispute the allegations against you. One may take certain steps after a motor-vehicle crash to gather information and evidence. It is important to gather the names and contact information of anyone who may have witnessed the crash. 

Hopefully, you are covered by a policy of liability insurance for the crash, and your liability insurance company is providing your defense if a lawsuit is filed against you. If your insurance is providing a defense, your defense attorney may investigate and obtain key pieces of information and evidence on your behalf. An attorney, who has experience handling motor-vehicle crash cases, should know where to look for possible sources of evidence to establish liability (i.e., legal responsibility for the crash). Both defense and plaintiff attorneys, who handle motor-vehicle crash cases, typically know where to look for helpful evidence or information. 

It is possible that you need to seek independent legal representation for your affirmative claims against the other driver, who is making a claim or filed a lawsuit against you. As the old adage goes, "The best defense is a good offense." In your case, you may need an offense because you are not liable for the crash, but the other driver is liable for the crash and your injuries. You will have the burden of proof in establishing that the other driver is liable for your injuries. A plaintiff attorney may be able to provide the legal services that you need. It is critical to look into taking legal action against the other driver before the lawsuit against you is concluded and before the applicable statute of limitations bars your claim. 

Should you contact a personal injury lawyer?

If you suffered bodily injuries as the result of a motor-vehicle crash that you truly believe was not your fault, it may be worth looking into hiring a personal injury attorney to pursue claims against the other driver, who is trying to blame you or make claims against you for the crash. At Hobbs Law, we handle serious personal injury claims involving motor-vehicle crashes, and we are for the truth. 

If you are unrepresented by a lawyer, feel free to contact Hobbs Law for an initial consultation, and look into taking action against the other driver. If you have a lawyer, who is only providing your defense, and you wish to pursue claims against the other driver, first obtain permission from your defense lawyer before contacting Hobbs Law. You may still be able to file counter-claims against the other driver if your defense lawyer has already filed an answer on your behalf. As always, the initial consultation is free of charge.