When you’ve been in a car accident, you may not feel like playing detective and tracking down evidence to prove who’s at fault. But if you want the fairest possible settlement, gathering evidence for your car accident claim is a must.
Below, learn about the types of evidence to collect and how a car accident attorney can help you build a winning case.
Collecting Evidence at the Accident Scene
In the immediate aftermath of a car accident, you’re shaken up and possibly injured. You’d like to go home, but before you do, take the time to gather some important evidence. You won’t have the chance to do so again once the police have the scene cleaned up.
If you have your phone with you, use it to take pictures of anything that seems important to the accident. Collect photographic evidence of damage to your car, including broken windows, dented doors, blown-out tires, etc. Take pictures of the other driver’s car, traffic lights, holes in the road, signage, vehicle debris, and car license plates.
If you’ve equipped your car with a dashcam, you’ll want to preserve the footage. Many accident victims have won their claims with dashcam footage because it often shows exactly what happened during the crash.
In addition to photos, witness statements serve as invaluable evidence that can keep your case from turning into a “he said, she said” situation. After an accident, you have limited time to talk to witnesses before they leave the scene. Track down as many as you can and ask for their contact information so you can reach out to them later for statements. Witnesses might include other drivers, pedestrians, and employees in nearby businesses.
Requesting the Police Report
Not everyone calls the police after a car accident, but if law enforcement comes to the scene of the crash, the police report will be a critical piece of evidence for your car accident claim. The report will include the officer’s observations, their opinion on whether either driver violated traffic laws, and statements from drivers and witnesses. The officer may conclude that the driver who hit you was at fault and note that in their report.
Before leaving the scene, ask the officer for the incident number, how long it takes for their department to process police reports, and what you’ll need to bring to request a copy. You’ll usually have to pay a fee for a copy of the report (typically about $20 per page).
Documenting Your Damages for Fair Compensation
Car accidents include “damages,” a legal term for the value of your injuries and other losses. Some damages are economic, which means they have a monetary value, while others are non-economic (pain and suffering, mental anguish, etc.).
If you were hurt in the crash, you probably have several medical bills. These may include bills for ambulance transportation, hospital treatment, doctor’s visits, and lab work. Your attorney can help you collect the bills for these services and any others related to your accident, such as medical equipment, pharmacy services, physical therapy, and in-home care.
You can also use your medical records as evidence in your case. These show the severity of your injuries, supporting your non-economic damages like pain and suffering. They can also show that your injuries were not pre-existing, directly tying them to the crash.
If your accident left you unable to work, you’d need to collect evidence such as pay stubs, last year’s tax return, and tip reports (if you’re a tipped employee). If you’ve become disabled because of the crash, you can seek compensation for lost earning capacity. Proving disability can be difficult, so you’ll need a lawyer’s help to gather the right evidence.
How a Car Accident Lawyer Can Help With Evidence Collection
You’ll find the evidence collection process much easier with a car accident lawyer by your side. Attorneys take the stress out of the evidence collection process so you can focus on feeling better after your accident.
An attorney can gather evidence such as cell phone records, toxicology test reports, and security camera footage. They can also hire special witnesses to evaluate your case, such as medical professionals, accident reconstructionists, and life care planners.
If you need a helping hand with collecting evidence for your car accident claim, reach out to Paynter Law. We’ve won $500 million in verdicts and settlements for our clients, and we’ll fight hard to achieve a fair outcome for you.
For a free consultation, call (919) 245-3116.