If you were injured in a car accident, it’s crucial to have the right evidence to build your case. You will not only need evidence to demonstrate the damages you suffered, but also to prove the other party’s fault. It’s important to begin collecting evidence at the scene of the accident if possible. However, a good personal injury lawyer can evaluate your case and work to obtain any evidence necessary to secure the maximum compensation you deserve.
The following are several critical types of evidence that can help support your car accident claim:
Police Accident Reports
After a car crash, the police may arrive at the scene to collect statements from the parties and witnesses. They may also assess the injuries and damage caused by the collision and generate a report containing this information. Although police accident reports are generally not admissible at a personal injury trial because they constitute hearsay (there are exceptions), they can still be used as leverage in settlement negotiations with insurance companies.
Photo and Video Evidence
Visual evidence can be powerful to establish liability for a car accident. If you are able, take photos or video at the scene of the accident. Try to document the following evidence:
- Damage to the vehicles
- Any debris or skid marks from the vehicles in the road
- Traffic signs or signals
- Road markings
- Injuries sustained
- License plate numbers
- The surrounding area
This evidence can help demonstrate how the crash happened, how serious the accident was, and any factors that may have contributed to the collision.
Witness Statements
Witness statements from bystanders, pedestrians, other drivers, and anyone else at the scene of the accident can be essential to proving liability. They can provide insight into how the crash occurred and the behavior of the drivers to help corroborate your version of the events that led to the accident. Be sure to collect the names and contact information for any witnesses who observed the accident.
Dashcam and Surveillance Footage
If you had a dashcam installed in your vehicle — or any of the other vehicles involved in the crash did — the footage can provide evidence of the accident in real-time. In addition, nearby homes or businesses may have caught the accident on surveillance cameras. It’s important to have a personal injury lawyer who can assist you with obtaining this evidence as soon as possible since many surveillance cameras erase recordings after a certain amount of time.
Reports from Accident Reconstruction Experts
In complex accident claims, it may be necessary to bring an expert into the case. An accident reconstruction expert can evaluate the circumstances that led to the crash and generate a report with their findings. An expert’s report can establish the speed of the vehicles, demonstrate how road conditions contributed to the crash, and provide details that can help prove liability. They can also testify in court to explain these concepts to a jury.
Medical Records and Bills
Medical records are the foundation of every car accident case. In addition to proving the medical expenses you incurred, they can also help establish your pain and suffering damages. Specifically, medical records document the nature and extent of your injuries — as well as how the injuries impacted your daily life and livelihood. Keep a record of every doctor you saw in connection with the crash, all treatment that was recommended, and medications you were prescribed.
Traffic Citations
If the at-fault driver was issued a traffic citation at the scene of the accident, this can provide strong evidence that they were “negligent per se.” In a personal injury case, a defendant whose violation of the law caused the accident and the resulting injuries is automatically considered negligent. Typically, in such cases, no other evidence must be shown to prove liability.
Vehicle Maintenance Records
Some car accidents are caused by a defect in a vehicle or a lack of vehicle maintenance. If a car crash was caused by defective brakes, worn tires, or a faulty steering wheel, vehicle maintenance records can show how these issues led to the accident.
Cell Phone Records
Some car accidents are caused by distracted driving due to texting, browsing, or talking on the phone. In the event a distracted driver who was using their cellphone at the time of the accident is to blame for the crash, their cell phone records can help establish liability.
Contact an Experienced New York Personal Injury Attorney
If you were hurt in a car accident caused by someone else’s negligence, it’s vital to have the representation of a skillful personal injury attorney. At The Edelsteins, Faegenburg & Brown, LLP, we will assess your claim and collect the evidence needed to secure the compensation you deserve. Due to our commitment, knowledge, and experience, our firm regularly obtains substantial settlements and jury verdicts for our clients. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.