The key to establishing fault and maximizing compensation when someone else’s negligence causes a car crash is to present strong and compelling evidence.
But what evidence might help in a car accident case, and how do injured parties collect it?
At Berry Law, we know how important building a strong case is. Our car accident lawyers have helped many clients obtain the compensation they deserve using a variety of evidence.
Our goal with this learning resource is to help accident survivors understand what evidence can help their case, how to collect it, and what to do if injuries make collecting evidence impossible.
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What Evidence Is Required for a Car Accident Case?
Physical Evidence
Physical evidence serves to demonstrate the actual occurrence of the accident and can include things such as:
- Photographs of the accident scene and vehicles involved
- Skid marks, debris, and damage to surrounding objects
- Vehicle maintenance records to prove any mechanical failures or defects
- Dashcam footage or surveillance footage from nearby businesses
- Police reports
These crucial pieces of evidence can help a car accident attorney reconstruct the events leading up to the accident and determine liability.
Witness Statements
Physical evidence may only provide a partial picture of what happened. Witness statements from those who saw the accident can provide valuable insights and fill gaps in the narrative. These statements can be collected by:
- Asking for contact information from witnesses at the scene
- Requesting statements from those who contacted emergency services or stayed on the scene until help arrived
- Contacting nearby businesses or homes to see if anyone witnessed the accident
Witness statements can also help establish the severity of injuries and provide a firsthand account of any reckless or negligent behavior by the other party.
Medical Records
Injuries sustained in a car collision can have lasting physical, emotional, and financial impacts on accident survivors. Medical records serve as crucial evidence in determining the extent of these injuries and any necessary medical treatment.
These records can include:
- Emergency room reports
- Hospitalization records
- Doctor’s notes and diagnoses
- Prescriptions and treatment plans
Medical records can provide evidence of injuries and help establish the need for ongoing care and any potential long-term effects on the injured party. The more evidence accident survivors have, the more likely an experienced personal injury attorney can advocate for maximum compensation.
Technological Evidence
In the digital age, additional sources of evidence can be collected to support a personal injury claim or lawsuit. These may include:
- Phone records showing calls or texts made at the time of the accident
- Social media posts or messages that may indicate distracted driving or reckless behavior by the other party
- GPS data from vehicles involved in the accident
This type of evidence can often be retrieved through legal channels. It can provide valuable insights into what occurred before the accident and help refute any false claims made by the other party.
What To Do If Evidence Can’t Be Collected After a Car Collision?
Accident survivors shouldn’t worry if they are not able to collect evidence at the scene due to catastrophic injuries. With the help of experienced legal professionals, much of this evidence can be collected through other means, such as:
- Requesting copies of police reports and medical records
- Obtaining surveillance footage from nearby businesses or traffic cameras
- Working with accident reconstruction experts to determine liability based on physical evidence
A lawyer may also be able to subpoena phone records to support the case. It is important for accident survivors to focus on their recovery while allowing their legal team to handle the collection of evidence.
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Why Do I Need Evidence For My Accident Claim?
In an ideal world, at-fault parties and their insurance companies would take full accountability for their actions and offer a settlement that is on par with the damages they caused.
Unfortunately, we do not live in an ideal world, and insurance companies will often try to downplay the severity of injuries or deny liability altogether.
Strong evidence is necessary to combat false narratives, disputes over liability, and total damages or losses sustained.
Furthermore, evidence provides a basis for negotiations with insurance companies to reach an appropriate settlement or, if necessary, present a strong case in court. settlement or, if necessary, to present a strong case in court.
Without evidence, it becomes a “he said, she said” situation and may result in receiving less compensation than deserved.
What Else Can I Do To Help My Case?
Hire a personal injury lawyer.
It often proves advantageous to hire a car accident or personal injury lawyer as soon as possible after the accident. Their immediate and long-term support provides a number of benefits, including:
- Handling all communication and negotiation with insurance companies
- Ensuring important deadlines and paperwork are met
- Access to a network of resources such as accident reconstruction experts and investigators
- Experience in navigating the legal system and advocating for maximum compensation on behalf of their clients
Considering the complexities of auto accidents, regardless of its severity, hiring legal professionals to help with the process while recovering from injuries is highly advised.
Avoid posting on social media.
Anything posted online may be subject to scrutiny and could potentially be used to diminish compensation in a personal injury claim. It is best to refrain from posting about the accident or any details of injuries or damages on social media platforms.
This includes:
- public posts
- direct messages
- comments on other posts
Social media posts should also avoid oversharing personal information or details about daily activities that could be used to discredit any claims for injuries.
Don’t communicate with other parties involved.
It is best to avoid direct communication with the other party or their insurance company after an accident. This includes phone calls, texts, or emails.
Let a legal team handle all communication to ensure that rights are protected and injured parties receive maximum compensation for damages and injuries sustained in the accident.
Don’t sign anything without legal counsel reviewing it.
Insurance companies may pressure accident survivors to sign a release of liability or other legal documents without fully understanding the consequences.
Before signing anything related to the accident, it is important to have legal counsel review the document and advise on the best course of action.
Signing anything without proper legal guidance could result in forfeiting rights to further compensation or being held liable for damages that were not the injured party’s fault.
What Types of Car Accidents Can A Lawyer Help With?
Personal injury lawyers can handle a wide range of car accident cases, including but not limited to:
- Rear-end collisions
- Head-on collisions
- Side impact or T-bone collisions
- Hit-and-run accidents
- Rollover accidents
- DUI or impaired driving accidents
They also have experience in handling accident cases involving trucks, motorcycles, bicycles, and pedestrians.
No matter the type of accident, evidence will be crucial in building a strong case and securing maximum compensation for damages.
It is important for an injured party to seek legal representation to ensure their rights are protected and they receive the compensation they deserve.
Get the Evidence Needed To Help With A Car Accident Case At Berry Law
Evidence is crucial in proving liability and securing maximum compensation in a car accident case. At Berry Law, we have experienced personal injury lawyers who know what it takes to gather the necessary evidence and build a strong case for our clients.
Schedule a case evaluation online to learn how our personal injury attorneys can secure and use evidence from a car accident to bolster a claim for maximum compensation.
Contact Us for Your Free Case Evaluation
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