After a surprising collision, the last thing on most accident victims’ minds is collecting evidence in case you have to file a lawsuit against the driver who hit you. However, the most successful car accident settlement stories usually have one thing in common—solid evidence proving what happened and how bad the accident was.

If you think you might have to file an accident claim, you are probably wondering how do you prove a car accident fault? Here are some of the most common questions people have about preserving three types of proof of evidence after a car accident.

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Photographic Evidence

We’ve often heard the expression that a picture is worth a thousand words. This tried and true adage rings especially true at the trial of a car accident injury case when the picture in question is of the plaintiff’s vehicle following a collision. Such photographs often serve as the prism through which jurors view all of the other evidence in the case.

RESOURCE: The importance of photos after an accident.

How do you photograph an accident scene?

Take wide-angle pictures that show the angles of the vehicles involved. Also, take close-up shots of injuries, skid marks and property damage. If the accident happened because a driver broke a traffic law, take photos of streetlights, speed limit signs and other traffic markers. You will want your pictures to tell the story of the accident.

Do police take pictures of car accidents?

It depends. Police may take pictures if they feel the photographs are relevant to the investigation or violation, however, there is no rule requiring them to photograph every accident scene. To be careful, it is best to always try to take your own pictures once you have received the necessary medical attention.

Accident Information

In addition to photographs, you will want to gather essential information about the scene, witnesses, and any police investigation.

What details need to be exchanged in a car accident?

You are required to prove your identity and car insurance status. If other drivers involved in the accident refuse to do this, contact law enforcement immediately.

What does a police accident report contain?

A vehicular accident report will contain a large amount of information necessary to pursuing your personal injury claim, such as information about the other driver, the road conditions, and any violations the officer believes occurred. Law enforcement will usually talk to all involved parties and write a statement at the end of the report.

RESOURCE: What if the police don’t show up?

How do you gather details from witnesses?

Eyewitnesses often see critical details that people involved in the crash do not notice. For example, they may have seen the at-fault driver run a red light, and their testimonies could help your attorney prove liability and negligence. According to the Department of Motor Vehicles, you should collect witnesses’ names and contact information at the scene. Ask each witness for contact information and if they would be willing to write a statement about what they saw.

Other Evidence

In addition to photographs and identifying information, you may need to collect other evidence to prove damages.

Can you repair or junk your vehicle right away?

You should consult a personal injury lawyer before you repair damage to your vehicle or have it junked. Your attorney can make sure there is documentation of the damage, which may strengthen your claim. You will also want to gather evidence of any recent repairs as this could increase the value of your vehicle.

What if the accident was caused by mechanical failure?

If you think a mechanical problem in your car or the other driver’s vehicle caused the accident, you will want to try to save the defective part. Contact an attorney to learn more about how to notify the other driver they have a duty to preserve this crucial evidence.

How do you prove your injuries?

Keep all medical records related to the accident. These include bills for doctors’ visits, X-rays, surgeries, rehabilitation, special medical equipment and other expenses. These documents can help your injury lawyer quantify your economic damages, which could increase the final settlement.

How do you prove lost wages or other economic loss?

If you have to miss work, be sure to document this fact. Especially if you are self-employed, it is important to document lost opportunities to work. Finally if you have to hire someone to help with household services like lawn mowing, save this evidence as it may be recoverable as part of your car accident injury claim.

RESOURCE: Got a teen? Talk to them about the risks of driving!

Have you or someone you love been injured in an accident?

If you were injured in an accident, contact us for a free case evaluation. We will work with you on a contingency-fee basis to gather this evidence and prove your case. You may be eligible to file a claim for medical costs, emotional distress and further damages. Fill out our free case evaluation form to see if you are eligible for a claim. An experienced motorcycle accident attorney at Morris Bart will assist you in the evaluation process. Initial consultations are free. We have office locations throughout Louisiana, Mississippi, Alabama, and Arkansas. Call us at 1-800-537-8185 today.

May 29, 2019 | Categories: Auto Accidents, Legal Tips |