When you’re involved in a motor vehicle accident in Brisbane, the aftermath can be confusing and overwhelming—especially if you’re unsure who was at fault. This is where experienced motor vehicle accident lawyers step in. At Carter Capner Law, we specialize in helping Queensland drivers understand their rights, prove liability, and secure fair compensation after a crash.

But how exactly do lawyers prove fault in a collision? The process is detailed and often complex, involving multiple sources of evidence, legal strategy, and negotiation with insurers. Let’s break it down so you know exactly what goes on behind the scenes.

Understanding Fault Under Queensland Law
In Queensland, motor vehicle accident claims are typically made through the Compulsory Third Party (CTP) insurance scheme, which covers personal injury damages for victims of road accidents. However, to make a successful claim, especially one involving significant compensation, it must be shown that another party was at fault—either fully or partially.

Proving fault isn’t just about saying “they hit me.” It involves a strategic and evidence-based approach that ties actions to legal responsibility. That’s where a skilled motor vehicle accident lawyer in Brisbane becomes critical.

Investigating the Scene: Gathering the Foundation
One of the first steps our legal team takes is thoroughly investigating the accident scene. The goal is to gather all physical and documentary evidence that may help prove what happened—and who was responsible.

This often includes:

• Examining police reports for initial fault assessments or traffic violations

• Reviewing CCTV or dashcam footage that may have captured the crash

• Taking photographs of vehicle damage, road markings, traffic signs, and the scene itself

• Identifying and contacting witnesses who saw the incident unfold

The earlier you engage a lawyer, the more effective this evidence-gathering process becomes. Evidence tends to disappear quickly—skid marks fade, vehicles get repaired, and memories become unreliable. At Carter Capner Law, we act fast to preserve the facts that can strengthen your claim.

Using Expert Opinions

In many cases, especially those involving complex multi-vehicle accidents or serious injuries, lawyers rely on accident reconstruction experts. These specialists can:

• Recreate the crash dynamics using vehicle speed, impact angles, and road conditions

• Determine the sequence of events leading to the collision

• Identify rule violations such as failure to give way, improper lane changes, or speeding

Their reports are often persuasive evidence that can be used in negotiations with insurers or in court proceedings. By having these experts in our network, we make sure every angle is covered.

Assessing the Role of Traffic Laws
Brisbane’s road network operates under strict rules governed by Queensland’s traffic laws. If the other driver violated any of these—such as running a red light, tailgating, or driving under the influence—it strengthens the argument for their liability.

Our lawyers cross-check all collision details with relevant legislation, such as the Transport Operations (Road Use Management) Act 1995, to highlight legal breaches. If a driver disobeyed the law, they’re likely to be found at fault.

Comparing Statements: Your Word vs Theirs
Often, both drivers will offer conflicting stories. In such cases, lawyers critically compare both accounts, looking for inconsistencies or contradictions. Witness testimony, video footage, and physical evidence help determine which version is more credible.

Our legal team also helps you prepare your own statement, ensuring it’s clear, accurate, and supported by evidence. A well-prepared client can make all the difference in building a strong case.

Proving Fault Without Full Liability
Sometimes, both drivers may have contributed to the crash. In these situations, Queensland’s contributory negligence rules apply. That means even if you were partially at fault, you may still be entitled to compensation—just a reduced amount.

Our job is to ensure the percentage of your fault is minimized. We gather every detail possible to shift responsibility to the other party where justified, maximizing your final settlement.

Working with Insurers
Insurers often try to dispute or minimize fault to avoid paying out large claims. That’s why having experienced motor vehicle accident lawyers on your side is essential. We manage all communication and negotiations with insurance providers, using your case evidence to push for the fairest outcome.
We’re not intimidated by insurance giants. At Carter Capner Law, we understand how to present facts, counter objections, and pursue results through settlement or litigation if needed.

Why Choose Carter Capner Law?
Our Brisbane-based team has decades of experience representing victims of car, motorcycle, and truck accidents across Queensland. What sets us apart is our personalised approach, No Win No Fee structure, and proven track record in handling complex motor vehicle claims.

From the first consultation, we’re committed to understanding your unique situation, guiding you through every step, and fighting hard for the compensation you deserve—whether that’s for medical expenses, lost income, or pain and suffering.

Proving fault after a car accident isn’t about pointing fingers—it’s about building a solid, evidence-backed case that holds the right party accountable. If you’ve been in a motor vehicle accident in Brisbane, don’t navigate the process alone. Let Carter Capner Law take the legal stress off your shoulders.
We’re here to help you get your life back on track with compassion, clarity, and commitment. Start your claim today with a free case evaluation—and remember, if we don’t win, you don’t pay.