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Gathering Evidence for Injury Claims After a Car Crash
The success of a personal injury case after a car accident all depends on the strength and volume of the available evidence. The more proof you have, the better your chances of securing the best possible outcome.
To maximize your compensation, you need to collect ample evidence that establishes a clear narrative of the accident events, including what transpired and where the fault lies. This can be difficult without the help of an attorney, especially if you are experiencing trauma or stress after the incident.
Kanner & Pintaluga’s auto accident attorneys will take the investigation and evidence-gathering process off your hands and do all the hard work for you. We have the experience and expertise to analyze evidence, build a case that clearly shows the other driver is at fault, and increase your chances of success.
Start at the Scene: Photos, Measurements, and Maps
The best place to gather evidence is at the scene of the car accident. By acting quickly, you can strengthen your claim and ensure you get the maximum compensation you and your family deserve.
You should attempt to collect evidence before moving your vehicle to the side of the road, but only if you can do so safely. Start by taking a few quick photos from multiple angles of both the damage to your vehicle and the other vehicles involved.
After taking photos, note down any skid marks on the road or other signs of impact, such as road damage and debris patterns. These details can be important for your insurance claim as they may prove liability. You should also document the position of each vehicle and which way they are facing.
Safety is paramount, and it’s important to quickly move your vehicle out of traffic after collecting evidence to ensure no additional injuries occur. You’re also legally required to check on the other driver and request emergency medical assistance if they are injured and can’t do so themselves.
Serious accidents must be reported to the police. Regardless of your injuries, the police report will be critical for your claim.
If you’ve been severely injured in an accident and can’t collect evidence, contact an experienced car crash attorney as soon as possible so they can begin an investigation on your behalf. Our auto accident attorneys will visit the scene as soon as possible and compile evidence for you.
Medical Records That Prove Injuries and Causation
You should save every document you receive in the immediate aftermath of your car crash. Medical records, in particular, are crucial. They prove the existence and severity of your injuries, strengthening your personal injury claim.
Medical records can also establish that your injuries were caused by the crash and not some unrelated cause. This is why you should seek medical attention as soon as possible after your car accident.
Here are some types of medical records you should keep:
- ER notes
- Test results
- Imaging and lab results
- Treatment timelines
- Medication lists
- Medical bills and health insurance documents
- Documents about work restrictions
You should continue to keep medical records if you have a long-lasting condition that requires ongoing treatment as a result of a car accident. Doing so helps you document the severity of your injuries and the impact they have on your life.
Digital Evidence: Surveillance Video, EDR, Phone Data, and More
With the help of an attorney, you can collect digital evidence that proves the other driver is to blame for your crash. Here are some types of digital evidence to consider:
- Surveillance footage: Nearby surveillance or traffic cameras may have captured the incident, providing an outside view of the accident. If you have a dashcam on your vehicle, it might offer a firsthand perspective of the crash.
- Event data recorders: Your vehicle’s event data recorder (EDR), also known as a black box, might reveal details about what happened just before the impact and help determine fault.
- Phone data: Text messages, app logs, and call histories on the other driver’s phone can show whether they were preoccupied just before the accident. If you suspect the at-fault driver was driving distracted, our attorneys may seek access to cell phone records to confirm.
- Telematics: Like an EDR, a telematics system can provide insights into driving behavior before an accident and help verify your version of events.
- Digital evidence from witnesses: Photos and videos from other drivers, pedestrians, and passersby may help determine liability in a personal injury case. A skilled auto accident attorney might be able to find video of the accident, especially if they act quickly.
To qualify as evidence, photos and videos must:
- Have direct relevance to prove fault in a car accident claim
- Contain proof of property damage to all vehicles involved, resultant debris, or damage to the road if applicable
- Be authentic and undeniable, typically by showcasing a timestamp (metadata from photos and videos taken with a phone will usually suffice)
Witness Statements
Eyewitness testimonies can provide an invaluable, third-party account of the events leading up to the accident and the aftermath. Here are some ways an attorney can help you collect reliable witness statements:
- Identifying the right witnesses and ensuring they are neutral parties who can provide an accurate, honest account of what happened
- Asking witnesses open-ended questions to collect valuable information without leading them
- Comparing statements from witnesses to check for inconsistencies
Kanner & Pintaluga have recovered funds for many victims and are experienced in working against insurance companies. We can collect EDR and dashcam evidence for claims, as well as other proof that helps you secure the compensation you need. Contact us at (800) 586-5555 for a free consultation today, or visit one of our local offices.
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Other Types of Evidence
Here are some other types of personal injury evidence that might support your claim:
- Police reports: Police reports provide an official account of the accident and may include details about the parties involved, statements from witnesses, and the officer’s assessment of the scene.
- Physical evidence: Torn clothes, damaged personal property (e.g., your car), and other physical evidence can be extremely useful in a personal injury claim. As such, you shouldn’t get your vehicle fixed until the damage has been preserved in photos and documented by an insurance agent.
- Expert testimonies: Expert testimonies from medical professionals or accident reconstruction specialists may provide context that supports your side of the story.
- Driver statements: Driver statements can help establish an initial account of events. If both drivers talk to the police immediately after the accident, we can compare the other party’s statement with later statements and identify potential inconsistencies.
- Vehicle maintenance records: Maintenance records can determine if poor maintenance or a mechanical failure contributed to the accident.
- Employment records: Employment records may be examined to see if the driver was properly trained and qualified in cases involving commercial vehicles.
- Insurance policies: Reviewing the insurance policies of all parties involved can help identify coverage limits and potential sources of compensation.
Accident Reconstruction
A type of evidence used in complicated personal injury cases, especially when fault is disputed, is accident reconstruction. This is a kind of forensics that determines how and why an accident happened.
It involves:
- Deconstructing the scene using evidence as clues
- Determining what both drivers were doing when the crash occurred
- Identifying the cause of the accident
Accident reconstruction experts may be used to recreate the sequence of events that led up to an accident. They’re crucial to helping both parties understand exactly what happened and who is liable.
Our auto accident attorneys can connect you with accident reconstruction experts who will demonstrate the other driver’s recklessness and the consequences you suffered as a direct result.
How To Preserve Accident Evidence: Retention Requests and Chain of Custody
One of the most important things after a car crash is to preserve digital evidence before it’s lost or overwritten. An experienced attorney can help you write retention requests and spoliation letters to the other driver and their insurance company so you can secure EDR data, phone records, dash cam footage, and other evidence that may prove fault.
The right attorney will also maintain a clear chain of custody after the event, which documents each person who handles digital and physical evidence. This ensures all evidence is accounted for and remains credible.
Our Auto Accident Attorneys Can Get You Justice
Knowing how injury cases work is complicated. That’s why you need a team of experts on your side. At Kanner & Pintaluga, we’ll work hard to bolster your chances of success by crafting a persuasive case to maximize your claim’s potential compensation. Gathering evidence for injury claims is what we do best.
We operate in 18 states and provide access to a nationwide team of personal injury attorneys that can help you prove fault after a car crash. Discuss your case with a qualified car accident lawyer today by calling (800) 586-5555.
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The team at Kanner & Pintaluga understand how frustrating being involved in a car crash can be. Losing your transportation, having to take time off work to recover, being unable to pay bills due to lost wages and dealing with the pain and suffering of serious injuries can significantly decrease your peace of mind and quality of life. Call today for a free consultation.