How To Gather Evidence After A Car Accident: 10 Things To Know

Published by:
Omar Glenn

Reviewed by:
Alistair Vigier
Last Modified: 2022-09-07
Car accidents can be a very tough experience to bear. It can result in serious injuries or death. At such an emotionally sensitive point in time, the last thing that a family wants to do is fight out the case in court. In the event of a car accident, gathering the right evidence can help in making the process of claiming insurance or winning a personal injury lawsuit easier.
Many legal experts state that the faster you try to gather and collect evidence, the better will it be for your case. This will help you expedite insurance claims, get your medical needs addressed, and ensure that your family does not come into financial troubles.
List of 10 Things to Know about Evidence Gathering following a Car Accident
In this article, we look at some of the basics of gathering evidence following car accidents. We list down ten important things that you should know when it comes to collecting evidence to help your insurance cause or your personal injury claims.
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Collect Pictures from as many angles as possible at the Accident Scene
One of the first things you should do following the accident is take as many pictures as possible. You need to ensure that you are collecting the pictures from all the different angles. If you see that there are skid marks on the roads, try to capture them as well. You need pictures as you might now know, which ones can help in proving the fault of the other driver.
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Get the Details of the Other Driver and his/her Vehicle at all costs
If you have been involved in a hit and run case, do not go after the vehicle. Rather take down the license plate number and get in touch with the police. If the vehicle has stopped, ensure that you get all the identification details and hold on to the person until the police arrive on the scene. This will help you gather the initial information about your car accident case.
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Get the First Official Report Filed by the Police Officers on the scene
As soon as the police officers arrive on the scene, they will prepare a report outlining who was at fault in the accident. This is a crucial piece of evidence that you need to get. A police record is a public statement of sorts. You are well within your rights to request a copy. This is necessary as you will need to attach it for your insurance claims, both health and car.
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Record Audio and Video of your Interaction with the Other Driver
Most of us are using a smartphone these days. If possible, you should try to get the video and audio recording of the other driver following the accident. Sometimes people can divulge truth and information that they go back on following the advice of their own lawyer. This is a critical piece of evidence that can help sway the case in your favor and help you get the settlement.
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Getting the Extent and Evidence of Damage on the Cars on camera
Once you have been able to capture the scene of the accident, you need to focus on the closeups of the car. This means taking close photographs and videos of both the vehicles at the scene of the accident. This will help in evaluating the extent of the damages. If you have been also injured, you should capture the same on film. This will help with insurance claims.
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Collect Witness Statements from People present at the scene of the Accident
A lot of the time what others say after they see the accident can hold a lot of value in a court of law. This is why is possible, you need to take statements from others who were present when the accident took place. This means car drivers that stopped by to help or shopkeepers who could get a first-hand account of the accident. This will help shed some more perspective.
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Collection of all Medical Records like Test Reports, Bills and Prescriptions
When it comes to a car accident, everything can be considered as evidence. Medical records, especially in the case of serious accidents can be presented during the negotiation and settlement stage. They can be presented to show the financial damages that have been suffered and compensation for the same can be claimed. This is a crucial piece of the claim puzzle.
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Testimony and Deposition of the other party under oath
Your car accident attorney can call upon the opposing party to depose under oath if they feel that the case warrants such an approach. This form of interrogation can be used if the case goes to trial. In a lot of cases, common people who are at fault can break down and admit to being negligent or ignorant. This is usually the last resort that is taken by the best lawyers.
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Extent and follow up of all the Medical Injuries Suffered including Lost Wages
If you have been involved in a serious car accident, you might have to spend three or six months before you can join work. This means that not only will you have to spend on elements like wheelchairs, walkers, and physiotherapists, you would also lose out on your monthly wages. You need to get a W2 form in this regard and file all this to claim adequate compensation.
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Hiring an Expert and Experienced Car Accident Attorney
If you have been injured, you will not be able to move around as freely. You would probably need to get admitted to a medical facility. In such an instance you need to hire an experienced car accident attorney that can build your case on your behalf. They can negotiate and coordinate with everyone from the police to the insurance company, along with the medical institution.
Evidence After A Car Accident – The Bottom Line
Proving fault is by far the most important element of a car accident personal injury lawsuit. If you are able to prove it during the settlement phase, you can get compensation that is commensurate to the losses you have suffered. This ensures that you get the best treatment, get your lost wages covered, and bounce back with a solid recovery program.
Car accidents can be difficult not only for the person involved in the accident but also for their family members as well. Following the above tips will help you gather the right pieces of evidence and ensure that you get a successful outcome for your lawsuit.
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