Why Preserving Evidence Is Critical in Your Car Wreck Case

The evidence in your car crash case is like the materials used to build a home. An attorney can carefully stack each piece of evidence to build your case and prove the other driver’s fault in causing the crash, your injuries caused by his actions, and the amount of compensation you deserve.

When should you start collecting evidence to help your case? If possible, you want to start preserving evidence immediately at the scene of the accident.

Evidence You Need to Increase Your Chances of Obtaining a Favorable Settlement

You can never have enough evidence in your case. It is important not only if you have to go to trial to receive the compensation you deserve, but also from day one of your attorney’s negotiations with the insurance company for the negligent driver.

The insurance adjuster will be looking for reasons to deny or reduce your claim. However, presenting evidence of the driver’s liability and your injuries during settlement negotiations can help show the adjuster that he would be making a big—and costly—mistake by not making a fair settlement offer. Types of evidence that can be helpful to your case include:

  • Woman taking photo of smashed car with cell phonePolice report. Even though it is not admissible in court for legal reasons, a police report can be persuasive evidence to the insurance adjuster that their insured was liable and that you suffered injuries. It can also have important information regarding the accident scene, damage to the vehicles, road conditions, weather conditions, driver and witness contact information, and whether a ticket was issued. All of this can lead to other evidence that will help you prove your case.
  • Pictures. Pictures of the accident scene, the damage to the vehicles, your injuries, and road and weather conditions can be concrete evidence of your accident and injuries that would be very persuasive with a jury if your case goes to trial. If your case is complicated, you may need to hire an accident reconstruction expert who could find your pictures helpful in reenacting the sequence of events.
  • Insurance policies. Your attorney will want to review your insurance policy as well as the negligent driver’s to ensure that you receive compensation from as many sources as possible to fully compensate you.
  • Eye witnesses. Eye witnesses at the scene of the crash—especially strangers who have no interest in the outcome of your case—can convince a jury and adjuster that your version of what happened is true.
  • Expert witnesses. Besides an accident reconstruction expert, you may need different types of experts, like medical doctors, physical therapists, psychologists or social workers, occupational experts, economic experts, and more. Who you would need would depend on the areas of dispute in your case and the extent of your injuries.
  • Medical records. Medical records and a qualified doctor as an expert are critical pieces of evidence to prove the extent of your injuries, your past, current, and future treatments, and your prognosis. They are vital to obtaining a good settlement.
  • Medical bills. These prove all the medical expenses you have incurred like hospital stays, surgery, physical therapy, medications, and any other psychological and medical treatments you need. Be certain to include any costs for assistive tools like crutches, wheelchairs, ramps into your home, assistive aids in your home to increase your mobility, and transportation expenses if you need to travel for your treatment. Home medical and other care could also be covered.
  • Clothing. Save the clothes you were wearing at the time of the wreck. Ripped and bloodied clothing can help vividly paint a picture to the jury of what happened and help gain their sympathy.
  • Weather conditions. You may want to obtain evidence of the weather conditions at the time of your crash to help establish the other driver’s negligence. For example, if it was slick from heavy rain, you may be able to show the driver should have slowed down given the weather.

You need an experienced car accident attorney on your side collecting and preserving the evidence you will need to obtain the compensation you deserve. Start an online chat or call us toll free at 888-795-6261 to schedule a free, no-obligation evaluation of your case.