What Evidence Might Help My Car Accident Case?

After a car accident, the drivers involved may point fingers at each other. Whoever can produce the most evidence about how the accident happened is most likely to prevail in settlement negotiations or the courtroom.

Below is a brief description of the most important evidence that may help your car accident case. Whoever presents the most convincing crash evidence to the court or insurance company will likely prevail.

Talk to a car accident lawyer in Augusta today to learn if you have a case. Any evidence you have collected, such as accident scene photos, should be handed to your lawyer. The sooner they have important accident information, the better for your case.

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The Importance of Crash Evidence In Car Accidents

Evidence in a car accident is vital to prove who caused the crash. In most states, the at-fault driver pays for the other driver’s damages and injuries. This is why you must carefully review the crash evidence with a lawyer to prove who did what.

Your auto accident lawyer performs accident investigations and determines who is at fault. Car accident attorneys have years of training and experience in conducting car accident investigations and figuring out and proving who caused the accident.

Some of the evidence below can determine fault in your car accident.

If you collected any of this important evidence, hand it over to your lawyer in the first meeting:

• Law enforcement reports: You should always call the police after an accident with injuries. The police report will give your attorney important information about the crash. The attorney will combine the police report with other crash evidence to convince the insurance company or jury that another party caused the crash. You cannot generally enter the police report into evidence in court, but it will document important information.
• Photographs and video: If you can, obtain photos and video of the accident scene. Focus on injuries, vehicle positions, debris, skid marks, and anything relevant to determining fault. Your attorney will collect this information, but you may have the best opportunity after the accident to take photos and video before moving the vehicles.
• Witness statements: Eyewitnesses can provide critical information about how the accident happened. Your attorney will talk to eyewitnesses, but you should attempt to talk to them after the crash and get their contact details and statements. Memories fade after a few days, so the witnesses’ immediate impressions after the accident can be decisive.
• Medical bills: When a car crash injures you, you need immediate medical attention to ensure your health. Record all medical bills and demonstrate that a car accident led to your injuries. You must also provide evidence of these expenses if you have surgeries and hospital stays. Remember to get quick medical attention to ensure your injuries don’t worsen. Also, having immediate medical care proves that the accident caused your injuries.
• Property damage: The repair estimate for your vehicle will be important because it reveals how severe the crash was and how you suffered an injury. If you have severe injuries, the car’s condition will almost certainly indicate as such.

Also, consider keeping a written or video diary after the car accident. This diary can document how the accident has profoundly impacted your life and the pain you are experiencing.

Include details like you cannot play with your children or exercise regularly due to injuries. This documentation can strengthen your case by illustrating the personal hardships caused by the accident.

If you notice another driver possibly intoxicated or distracted by a cell phone, note it and tell the police. The police can check if the person is drunk and review their cell phone records to see if they are texting and driving.

The police can subpoena cell phone records to see if someone was texting and driving. Always remember to give your attorney any evidence you have about the crash.

The Burden of Proof Is on You

Remember that if you suffered an injury and want to file a claim or lawsuit, the burden of proof is on you.

You must show by a preponderance of the evidence that another party injured you by proving these four points:

1. The defendant had a duty of care to you. Drivers have a duty of care to drive safely and not injure others.
2. The defendant breached their duty of care. For example, the driver ran a red light and T-boned your vehicle.
3. The breach of the duty of care led to your injuries.
4. You can receive monetary compensation for your losses, including medical bills and lost income.

Proving fault in an accident is a nuanced process beyond initial appearances. It requires substantial evidence skillfully crafted by your car accident lawyer into a compelling case to secure the compensation you deserve.

Your attorney might enlist the experience of an accident reconstructionist to meticulously detail how the incident unfolded, providing crucial clarity. Additionally, your attorney may call upon medical professionals to explain the severity of your injuries and assess their potential long-term impact.

Trusting your attorney’s experience in steering the case is crucial, allowing them to assemble the strongest possible argument. While you can contribute valuable evidence, empower your lawyer to construct the case using pivotal evidence.

This collaborative approach enhances the chances of achieving a favorable outcome and ensuring justice prevails in your favor.

Beware Of Poorly Documented Evidence

You may think it’s obvious that another driver hit you at a red light and was at fault. However, proving your case can be difficult if you lack good photos of the accident scene, have no witness statements, and don’t photograph the tire skid marks.

Getting a fair settlement or jury verdict in a car accident case always boils down to convincingly presenting evidence of fault and damages. Turn over any evidence you collected to your auto accident lawyer, and they will use it to present the best possible case. The person with the most convincing documented evidence will always win a car accident claim.

The police report may not always reveal all the information to prove who was at fault.

First, it may contain an error in the facts, such as the type of car you were driving. Errors of excluded information or errors of omission can make a big difference in a case. Perhaps the police officer forgot to mention that you said the other driver appeared intoxicated; for example,

Last are transcription errors, which can be an error in the speed limit or weather conditions. Review the police report to ensure that it is accurate to the best of your knowledge. The police report itself cannot prove fault, but a police report suggesting the other driver was at fault can help your case.

Mistakes to Avoid After a Car Accident

If you have most of the evidence mentioned in this article after a crash, there is a good chance you can successfully blame the other driver. However, several mistakes can damage your claim. Generally, the less you say to people at the crash scene, the better.

Call your lawyer and wait for them to arrive before giving statements:

• Talking too much: When you speak to the other driver or insurance companies, ensure you only say what is minimally necessary. Do not talk about blame for the accident. Simply apologizing for the fact that the accident happened or saying you feel bad that someone else has injuries can be viewed as admitting fault. Even if you have strong evidence that the other driver rear-ended you, there are things you can say that will overcome even that strong evidence that will damage your case.
• Leaving the accident scene: You should always remain after any collision until the police arrive. You want to file a police report and get your version of events noted. Also, you might be accused of committing a hit and run. Never trust the other driver to honestly say what happened in the crash.
• Not getting immediate medical attention: You might simply feel stiff, sore, or disoriented and feel tempted to tough it out and see if your symptoms go away. However, getting prompt medical attention can result in a diagnosis of any injuries, so you can immediately begin treatment. You also have a record of your crash-related injuries.
• Taking the first settlement offer: It is common for the at-fault insurance company to make a quick lowball offer when it’s clear their client caused the crash. The insurance company may offer to ‘pay for your medical bills.’ Well, yes, they should, and they will! But you can have much more serious injuries than you initially realize. The insurance company may balk at paying for essential medical expenses. They also should pay you for lost earnings and pain and suffering. Don’t take an initial settlement offer too quickly. Always talk the matter over with a lawyer.
• Not talking to an attorney quickly: The at-fault insurance company would love to get you on the phone talking without an attorney. They will try to get you to admit fault or take a lowball settlement. Instead, you should retain a car crash attorney from day one. Let them handle the insurance company.

How Settlement Negotiations Go After a Car Crash Claim

Once the accident evidence is collected and analyzed, the insurance companies representing the drivers will negotiate a settlement. The settlement negotiations proceed according to who appears to have caused the accident.

Your car accident lawyer typically presents a demand letter to the at-fault driver’s insurance provider. The letter will detail the accident, how it happened, your injuries and property damages, and the compensation you want.

The letter also will contain important accident evidence, including eyewitness statements, police reports, medical bills, and lost income information.

When the other insurance company gets the demand letter, it will investigate. The insurance adjuster will review the evidence your attorney reviewed and determine its view of liability.

How quickly insurance settlement negotiations proceed depends on many factors. If the fault is clear and you have serious injuries, the settlement negotiations may proceed quickly. If the fault isn’t clear, reaching a fair settlement can require a lawyer. If your attorney thinks the other driver caused the crash, they may recommend negotiating for more settlement money.

If the insurance company doesn’t offer a fair settlement, your car accident lawyer may recommend going to trial. Going to court is an option when the other side won’t offer enough settlement funds. Your attorney may recommend going to court if they believe the jury is likely to find in your favor and provide the compensation you deserve.

Contact a Car Accident Lawyer Now

Getting the most compensation for your car accident claim means working with an experienced auto accident attorney. Speak to a car accident lawyer about your case today to learn if it may lead to compensation. The attorney can review your accident evidence and determine if the case can lead to compensation.

Talk to an Augusta personal injury lawyer quickly because the defendant’s attorney works tirelessly to ensure their client avoids blame for the accident. You need an attorney working your corner from the beginning to put the blame where it belongs.