Documenting evidence after a motor vehicle accident is crucial, particularly if another driver caused the crash. Sometimes, it is evident that the other party was negligent, distracted or reckless. At other times, it is unclear, which means the concept of comparative fault applies, and the other driver may simply be more responsible than the injured victim.
Whether comparative fault applies or not, it is still vital to gather as much evidence as possible as soon as possible after the crash. Accurately documenting evidence can significantly impact the determination of fault and the compensation you receive.
Types of evidence to gather
Any detail may be vital, but these can be essential for building a solid case:
- Photographs and videos: Capturing the accident scene from multiple angles, including vehicle positions, damage, road conditions, traffic signs and any visible injuries, can provide a clear picture of what happened.
- Police reports: Obtaining a copy of the official police report, which includes details of the accident, statements from involved parties and the officer’s initial assessment of fault, is often a critical piece of evidence in determining liability.
- Witness statements: Collecting contact information and statements from witnesses who saw the accident provides unbiased accounts that can corroborate your version of events and help establish fault.
- Medical records: Keeping detailed records of all medical treatments, diagnoses, and expenses related to injuries from the accident demonstrates the extent of your injuries and the impact on your health.
- Insurance information: Exchanging insurance information with the other driver and documenting the details is necessary for filing claims and pursuing compensation.
- Accident reconstruction reports: If the accident is particularly complex, using an accident reconstruction expert to analyze the scene and provide a professional opinion on how the crash occurred can also be effective, especially in court.
- Traffic camera footage: Obtaining footage from nearby traffic cameras that may have captured the accident can provide an objective view of the events leading up to the crash.
How an effective personal Injury attorney uses this evidence
A knowledgeable and experienced attorney can leverage the documented evidence to build a strong case for compensation. They do this by establishing fault, negotiating with insurance companies to get a fair settlement, or litigating if the carrier’s offer is unreasonable. Attorneys can also use evidence to quantify the economic (expenses, loss of income, etc.) and non-economic damages (pain and suffering, emotional distress, etc.) suffered by the victims and their families. They can use the evidence to effectively advocate for their client in court when there is litigation. Collecting that evidence is the first step in this process of the attorney and their client holding the negligent accountable.
