The Different Types of Evidence Used in a Car Accident Case

March 2, 2022

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Car accidents have major financial, physical, and emotional consequences. Victims of car accidents often file claims with insurance companies. Depending on the extent of their injuries, they may pursue a case in court. In either situation, you will likely need to provide evidence to support your claim. Consider the different types of evidence below and how they are used in a case involving an auto accident.

What is Evidence? 

Evidence is anything that can be used to prove the truth of a statement. Evidence is generally weighed based on its credibility, or what the quality of the evidence is. Having any evidence related to a car accident is a good starting point. However, ensuring that you have credible evidence to prove your claim when you need it most is critically important.

Witness and/or Driver Statements

When you are in a car accident, it is important to collect at least the names and contact information. This information can be from any eyewitnesses, passengers, or drivers involved. If it is safe to do so, you may want to consider flagging a nearby driver to pull over to the side of the road. Once flagged down ask if you can take down their contact information for the purposes of obtaining a witness statement later. Statements of individuals who observed the auto accident are powerful. When they were not personally involved, their statement be considered more objective – and therefore, closer to the truth.

Photographs and Videos

In an auto accident, photographs and videos can be powerful tools for evidence. Consider whether either driver had a dash-mounted camera. A dash cam that was recording the accident when it occurred is powerful evidence. If you have a dash cam, make sure to save the footage so that it is not accidentally taped over later.

If neither party has a dash cam, you can use your cell phone camera to record the damage done to the vehicle. A phone is great for documenting any physical injuries you may have incurred due to the accident. Photos taken at the time of the accident that provide a clear view of any damage are tremendously useful. Especially, since our memory of events can become unclear or muddled in high-stress situations, like a car accident. Photos of how the vehicles are positioned, any skid marks, traffic signage, or even the weather and road conditions will be helpful.

Finally, if you are driving in an urban area, consider whether there are any nearby video surveillance cameras. These can be found outside local businesses, gas stations, or banks that may have recorded the footage of the accident.

Expert Witnesses

An expert witness is an individual with the background, education, and/or expertise to be considered an “expert” in their specific field of work. Expert witnesses can be called if the facts of a case are complex or unusual. Oftentimes, these experts may testify to facts related to the auto accident. Or they can assist with accident reconstruction. Medical experts can be used to testify to your injuries and support the legitimacy of your claim. Although they can be expensive, expert witnesses are often utilized. This is because they can provide a well-articulated, clear analysis to a jury about why a car accident occurred.  

Medical Records and Statements of Payment

Medical records are proof of payments of medical bills can help demonstrate the extent of any injuries. These injuries you have related to a car accident, the decrease in your quality of life, and your medical expenses. Even if you don’t think you have any visible injuries – obtain medical attention as soon as possible after an auto accident. In some cases, people are overwhelmed with adrenaline and don’t notice that they are injured until after the adrenaline wears off. In other cases, like with internal injuries, failure to seek medical attention can significantly worsen the impact of those injuries and may be fatal.

Statements of payment can also refer to any payments made to repair, maintain, or improve the vehicle. For example, records that a vehicle was regularly maintained and serviced is beneficial. This can help prove that the car accident was not caused because your car was poorly maintained and broke down. In some cases, these documents can be used to point to a defect or faulty wiring that caused the accident!

If you have taken time away from work to recover from a car accident, you may be entitled to compensation for the lost wages and income. Gather any pay stubs, W-2s, leave requests, etc. All communications with your employer or any other documents that can show missed days of work This will be used as evidence for compensation you would have received If it wasn’t for the car accident.

Police Reports

An official police report is usually offered as an “objective” view of the facts of a car accident. Officers may record important information that can affect the strategy of a case and even the outcome. Even if an officer does not arrive at the scene of an accident, you are still required to report the auto accident to the police. If an officer is able to arrive and take a report, make sure to get the name and badge number of the police officer who arrived at the scene of the accident.

Contact a Car Accident Attorney Today

If you have been in a car accident, make sure to collect as much evidence as possible and reach out to B|B Law Group. Many attorneys are willing to work with you and your circumstances to help you obtain the financial compensation you are owed. The attorneys at B|B Law Group have experience in litigation related to car accidents, personal injury, and more. They are ready to work with you to answer your questions. Contact the B|B Law Group to schedule a consultation today!

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