Brasure Law Firm, PLLC

By: Chris Brasure

How Can You Effectively Document Evidence at the Scene of a Car Accident to Support Your Claim?

Blog Car Accidents Personal Injury

What Type of Evidence Should I Collect After My Car Accident?

If you’ve had a car accident in Texas, and another’s negligence caused it, any evidence you collect at the scene can be critical in proving and winning your compensation case. In any accident case, the burden of proof for proving fault is always on you and your skilled car accident lawyer.

No matter how minor or severe the accident may seem, the police should be called to investigate it, as they will always prepare a full report.

Police reports usually document the road and weather conditions, all the vehicles’ positions at the scene, and the damage caused. These detailed police reports will provide accurate information regarding the location of traffic signals, statements by the drivers involved, eyewitnesses, and whether any drivers received traffic citations.

Sometimes, these police reports will determine if other drivers were negligent or at fault. This official and very persuasive evidence will significantly help your negotiations with the insurance company and if you must file a lawsuit.

However, even if you have a detailed police report, it will still be extremely helpful for you to take photos and videos of the scene yourself (or, if you cannot, have someone else do it for you).

The vital thing to remember is that the more evidence you have, the better you and your experienced Edinburg or McAllen car accident lawyer can document and prove your case and get you the total compensation you deserve.

What Other Types of Evidence Should I Collect To Support My Claim?

Always remember that all types of evidence are critical in any car accident claim. The more, the better because you and your lawyer must prove who was at fault and the extent of your injuries, medical costs, lost wages, and more. Any insurance adjuster, judge, and jury aren’t first-hand witnesses to your accident, and they must rely on the available evidence to form valid and substantial opinions.

Just some of the other types of evidence you and your lawyer need to collect are;

  • Eyewitness statements – Eyewitness statements taken from bystanders (or other drivers) who witnessed your accident can substantiate the facts of your accident. They can confirm details such as the direction each vehicle was going, their speed, and any actions you or the other drivers took to avoid or cause the crash.
  • All medical bills and records pertaining to your car – These medical records and bills are essential to prove the full extent and type of injuries you received in your accident. These medical documents will also provide detailed information about injuries, treatment, out-of-pocket medical expenses, ongoing treatment, and more. Medical records are critical to make sure you get the total compensation you need to get well.
  • Expert witness testimony – Your lawyer, well-versed in these cases, may call in expert witness testimony in a car accident to reconstruct what occurred or fully explain the critical nature of your injuries. An expert can utilize their specialized knowledge to make the judge and jury understand complex medical conditions.

These are only a few other types of evidence your experienced, knowledgeable, and detail-oriented car accident lawyer may use. These cases can get legally complex, but your lawyer will always fight for your rights and use any means to get the total compensation you deserve.

How Important is Evidence In Winning My Car Accident Claim?

The critical nature of having all pertinent evidence available cannot be overstated. Every step of your car accident lawsuit, from filing and dealing with the insurance company, writing a demand letter, negotiations, or at your trial, you will need solid evidence to prove fault for your accident and the damages and injuries you incurred.

You can’t go to court and simply declare that the other driver ran a red light and hit you; the other driver will simply deny the claim!

Your position must be validated and strong enough to withstand scrutiny and opposition from the other side. Therefore, if you have a third-party witness, photos, etc., that substantiates your version of the events, you have a significantly higher chance of winning your case.

Once again, these cases are complex, and when it comes to proving fault for the crash and the extent of your damages, physical injuries, lost income due to time away from work, and more, coming to court and the negotiating table with solid proof of the facts is mandatory.

Some Facts About Burden of Proof in Your Car Accident Case.

In almost every state of the union, a minimum amount of car insurance is absolutely required. Therefore, after your car accident, you’ll usually need to deal with and negotiate with an insurance company. In most cases, you, or preferably your skilled lawyer, will have to explain to the insurance adjuster the details of your accident, who was at fault, and how much the accident cost you and your family.

Most car accident claims indeed settle out of court, so with the help of your well-versed car accident lawyer, you may not have to file a civil lawsuit.

But if you must file a suit and go to court, the burden of proof is always on you as the “plaintiff.” You and your lawyer must prove that the person you are suing (the “defendant”) was at fault for your accident, injuries, and damages.

In the end, if you go to court, you must have the most effective, solid, and substantiated evidence possible. As mentioned, evidence such as police reports, photographs, skid marks, damage to your car, photos, Witness statements, etc., can make or break the outcome of your case.

Your lawyer will also explain that either side often uses witnesses who have no personal interest in the outcome of your case, as their credibility is validated by their lack of financial stake in your claim.

I’ve Had a Car Accident and Need Help Gathering Evidence; How Should I Proceed?

It cannot be emphasized enough that the collection of evidence at the scene of your accident, and from that point on, is critically needed to help your skilled and thorough Edinburg or McAllen car accident lawyer get you the compensation you need and rightfully deserve.

But there’s another fact to consider once you’ve collected your evidence; it must be professionally compiled and utilized to clearly illustrate the facts of your case to the insurance company and the Texas court. Your lawyer’s professional experience will prove invaluable here, helping you obtain the compensation you deserve.

The Brasure Law Firm has a long and winning history of passionately providing empathetic and effective legal representation to Texas car accident victims. Call them today at 956-956-2873 for a free consultation on your case, and they will work tirelessly to provide you with the personal and compassionate service you need at this trying time in your life.

By Brasure Law Firm, PLLC