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7 Types of Evidence Needed to Prove a Car Accident Case

Car accidents can be sudden, life-altering events that can leave many individuals in financial disarray afterward. Luckily, there are ways to reclaim those losses through filing an injury claim through your insurance or filing a personal injury lawsuit. 

However, to do either of these, one must first prove that they were not the ones at fault for the accident and exercised their duty of care when behind the wheel. Luckily, there are many ways in which accident victims can prove who was at fault in an auto accident claim. 

But gathering and preserving car accident evidence can be a hassle for any one person, especially someone recovering from a major injury or looking after a loved one. You can contact a Jersey City car accident lawyer for your case today.

The Importance 0f  Evidence in Car Accident Cases

The car accident claim process can be complicated for a number of legal reasons. Liability can be a difficult thing to prove unless there is substantial evidence to support the claim, and many states have particular laws regarding liability, like having no-fault laws or comparative negligence laws, which may impact how much compensation someone receives for their pain and suffering.

Victims can claim compensation for damages they’ve suffered, whether it’s a bodily injury or emotional distress, and start their path to recovery after an accident.

Collecting evidence allows for insurance adjusters and attorneys to have all the facts and make informed decisions on a case-by-case basis, and use their knowledge and experience to negotiate the settlement offer.

Types of Evidence

It’s important to understand what kinds of evidence gets collected during an accident investigation in a personal injury claim, as it can prepare victims for what to expect should they ever find themselves in the aftermath of an accident.

Below are a few important types of evidence that can be collected to determine fault in a car accident case.

Police Reports

A police report will often describe in detail how an accident occurred and will often include the bulk of the evidence, including testimonies, photos and videos, and the officer’s impression. Police officers will have note takers who may make important observations about the case, such as the road conditions, angles of the crash, inclement weather, and other information.

Photographs and Videos

Documenting the scene immediately after a car accident will be a vital step in evidence collection, as it will visually demonstrate the extent of the damage and whatever variables may have played a part in causing it, such as bad roads, construction hazards, skid marks and debris, weather conditions, or any other sort of obstruction.

The importance of visual evidence in a car accident case, such as photographs and videos of the aftermath, traffic light cams, private property surveillance footage, dash cam footage, or social media will help clear up any discrepancies in the victim or at-fault party’s testimonies.

Witness Statements

Usually with car accidents, there could be many bystanders or other drivers in nearby vehicles who witness the crash, especially in crowded urban areas where accidents are more frequent. After a crash, the parties involved can take the information of nearby witnesses so they can be contacted later if their testimony or statement is needed to clarify a person’s claim, especially if there is confusion or disputes between the claims.

Exchanging information, such as contact details or sharing license plates, will also be necessary for insurance requirements by both parties in order to verify information after an accident.

Beyond evidence that comes from the scene of the accident or outside testimony, there are also statements provided from depositions during the claims process, usually called “discovery”, where lawyers may question the parties involved in the crash and get their version of events.

Medical Records and Bills

For major crashes that deal with severe injuries, having medical records and invoices on hand can be useful for insurance claims or for evidence in a liability lawsuit. Doctor’s notes and records of treatment plans can especially be helpful if there are long-term effects from a car accident that affect the victim’s day-to-day life and may lead to a higher payout. 

Vehicle Damage Reports and Repair Estimates

When calculating settlement offers, vehicle repairs can also be factored into the final amount. Especially when vehicle damage can often tell the story of how severe an accident was, and it can cause financial distress for the injured party. It can also affect their commutes to work and lead to lost wages or other issues that can be compensated for.

Vehicle maintenance records can also confirm whether or not the drivers had exercised their duty of care and had a properly working car before going on the road.

Expert Testimony

For more complicated accidents, lawyers and insurance agents may consult an accident reconstruction expert. Experts will create diagrams and charts to try and map out the accident scene, point of collision, vehicle positions, and other information in order to understand how the accident was caused, in the event of conflicting evidence or not enough clarity about who was at fault. Their expert opinions will often play a vital role in settling a personal injury case.

Other Potential Evidence

Digital evidence, like cell phone records, social media posts, and metadata will also be useful in verifying or corroborating any miscellaneous facts or evidence.

Black box data can also be a big help in an accident investigation. Most vehicles will have an electronic event data recorder, usually referred to as a “black box”, that will record significant information before a crash, such as a vehicle’s ignition cycles, speedometer, engine throttle, and other information that may help bring clarity to the accident.

Background information from the claimant, such as employment records before and after the accident, any previous traffic citations (if applicable), and toxicology tests to test for drugs and alcohol afterward can also determine a lot of necessary information.

For evidence needed to prove a hit-and-run, debris like chipped paint or broken off car parts might be used to identify the make and model of the perpetrator’s car.

The Role of a Lawyer in Handling Evidence

A personal injury lawyer will be able to assist victims in collecting evidence and consulting with authorities, witnesses, and crash experts to build a strong case for your injury claim. Your lawyer will also keep records of the information to ensure preservation of evidence so the burden does not fall on the victim.

Lawyers will also stay on top of documentation timing, as many personal injury claims will need to be filed within a certain timeframe, known as a statute of limitations. 

If you were injured in an accident, you can schedule a free case evaluation at Omni Injury and Accident Law with one of our car accident lawyers today and find out how much your claim is worth. Call us at 646-503-0404.