- Apologizing after an accident. Although many states have what are called “apology laws” that prevent a simple “I’m sorry,” from being used to prove fault, Nevada is not one of them. That means that an apology can be used to help show fault.
- Posting about an accident on social media. After accidents many defendants make the mistake of admitting fault to their friends and family in emails or social media. Such admissions are discoverable by plaintiffs in litigation, and can undermine the defendant’s contrary arguments in court or in depositions.
- Admitting fault outside privileged contexts. Beyond electronic communications, admitting fault in a conversation that isn’t covered by a legal privilege—a discussion with an attorney, for example—can serve as evidence just as effectively as a social media post. OF course, the plaintiff needs to know about the conversation to use it.
Although it isn’t necessarily enough to build an entire case upon, a defendant’s admission of fault can be a powerful piece of evidence in litigation following an accident. An admission of fault might be as simple as an apology, or as detailed as a description of exactly how the fault took place. After an accident if the at-fault driver says something like, “I wasn’t looking where I was going and ran into you!” that statement will be a key part of making sure the defendant is held responsible for paying for the plaintiff’s damages. An admission of fault can come in several forms. Any of these could be used as an admission of fault: