What Evidence Might Help My Car Accident Case?

If someone’s negligence or carelessness caused a car accident that injured you, you might be able to seek compensation from the at-fault party. However, you will need evidence to prove that they are responsible for the accident and your injuries. Evidence is essential to establishing fault in a car accident case.

What evidence might help you win your car accident case? How can you gather this evidence? An orlando car accident attorney can help you answer these questions after a car accident where you get hurt through no fault of your own. With compelling evidence, you may hold the at-fault driver or another party financially accountable for your accident-related losses.

If you don’t know what to do after a car accident to help your case, this blog will explain the evidence that might make the difference in winning maximum compensation for your injuries.

Evidence From the Accident Scene

First, you might uncover essential evidence at the accident scene to help you win your car accident case.

Photographs

Photographs provide visual evidence of what happened in a car accident. Photos can depict the vehicles and individuals involved in the accident, the paths that involved vehicles traveled, and the aftermath of the crash. You can never take too many photos. If you think something might be pertinent to the crash, take a picture of it. Take multiple photos from every angle, far away, and close up.

Specifically, while at the accident scene, photograph:

• Each vehicle involved in the accident from multiple angles
• Any property damaged in the accident
• Skid marks
• Road signs
• Debris from the accident
• Any conditions or hazards that might have contributed to the accident
• The entire accident scene from multiple angles
• Your injuries

Videos

Most cell phones can take videos, which is a quick and easy way to capture a lot of information, including information that might not seem relevant at the time of the crash but turns out to be necessary. With a video that shows every detail of the accident scene, a lawyer or an expert witness could identify critical information that may help prove the other driver is responsible for the crash.

You might also find surveillance cameras in the surrounding area that captured the accident as it occurred. Private businesses often use cameras to protect employees, property, and customers. Even private homes use cameras to surveil potential intruders or thieves. Many cities also use automatic cameras on traffic lights or toll areas to capture traffic violations.

Police Crash Report

If a police officer responds to the accident scene, they will complete a crash report.

Under Florida law, law enforcement must submit a crash report after accidents involving:

• An injury, death, or complaint of pain by any parties involved in the crash
• Damage to property of $500 or more
• A vehicle rendered inoperable due to the crash
• A commercial motor vehicle
• A hit-and-run
• An individual driving under the influence of drugs or alcohol

A crash report includes:

• The date, time, and location of the crash
• A description of the vehicles involved
• The names and addresses of the parties involved, including all drivers and passengers, and the identification of their respective vehicles
• The names and addresses of any witnesses
• The name, badge number, and law enforcement agency of the investigating officer
• The names of the insurance companies of the parties involved in the crash

For 60 days after the report date, only specific individuals who need to know the information, such as the parties involved in the crash, their lawyers, insurance companies, and any relevant government agencies, can receive copies.

In Florida, your lawyer can obtain your crash report online, by mail, or in person. After 60 days, crash reports become public records.

Evidence From Witnesses

Several types of witnesses may provide critical evidence in a car accident case. A personal injury attorney can help you identify key witnesses and use their testimony effectively in your case.

Eyewitnesses

Eyewitnesses are individuals who saw the accident as it occurred or observed other critical facts about the accident that might be relevant. Eyewitnesses to accidents might include pedestrians, drivers, passengers in other nearby vehicles, or individuals occupying homes or businesses nearby.

If you identify any eyewitnesses, be sure to write down their names and contact information. A personal injury attorney can contact them later and interview them for details that can help prove how and why the accident occurred.

Expert Witnesses

Expert witnesses provide technical information based on their professional training or experience relevant to your car accident case.

Examples of expert witnesses include:

• Accident reconstruction experts. These experts can reconstruct the accident to determine precisely what happened step by step and why. Their testimony can help prove the other driver is responsible.
• Medical experts. Medical experts may be surgeons, physicians, physical therapists, or mental health experts. They can describe the cause of your injuries, the treatment required, and the long-term implications on your health, occupation, family, and future.
• Economic experts. Economic experts can help quantify the impact of your injuries on your financial future. For example, they can calculate the loss of future earnings you might experience from a long-term disability.
• Auto engineering experts. These experts can determine whether a vehicle malfunction caused the accident, either because of delayed maintenance by the owner or a manufacturer defect.

Evidence of Economic Losses

To pursue compensation for your accident-related losses, your attorney must provide evidence of those losses. There are two types of losses: economic and non-economic. You can easily quantify financial losses because evidence of economic losses is typically on bills, invoices, receipts, or statements. Retain all records related to the accident as potential evidence.

Examples of financial losses evidence include:

• Hospital bills and statements, including for ER visits, surgeries, or diagnostic tests
• Doctor’s bills or invoices
• Physical therapy or rehabilitation bills
• Estimates for future medical treatment
• Receipts for prescription medications
• Medical equipment or device receipts
• Car repair invoices
• Paystub detailing lost wages from missed work
• Benefits statements
• Income tax returns
• Receipts for gas for travel to doctor’s appointments

Evidence of Non-Economic Losses

You may find it more difficult to quantify your non-economic losses. That’s because non-economic losses are not financial. Instead, they are mental, physical, or emotional experiences suffered due to your injuries.

Examples of non-economic losses include:

• Physical pain and suffering
• Emotional distress, including post-traumatic stress disorder (PTSD)
• Mental anguish
• Loss of companionship
• Loss of consortium
• Loss of quality of life due to permanent scarring or disfigurement

Providing evidence of your non-economic losses can also present challenges. An experienced personal injury attorney can help you with this. They may encourage you to keep a daily pain journal detailing when you experience pain and its severity. They may also consult with experts, such as mental health experts, that can testify to your emotional distress and mental anguish. They may interview your spouse or family for information on the impact of your injuries on your relationships.

Evidence of Fault

A personal injury lawyer uses certain types of evidence more pointedly to prove fault by the other driver. The driver or their insurance company may try to hide this evidence from you. Therefore, you must work with an aggressive, highly skilled attorney who will doggedly pursue this critical information.

Evidence of fault might include:

• Phone records showing the driver was talking on the phone or texting at the time of the accident
• Driving records showing the driver’s history of reckless or careless driving
• Employment records (if the driver was operating a commercial motor vehicle)
• The vehicle’s event data recorder (if installed) that provides details on the vehicle’s speed and movements at the time of the accident
• Evidence of drunk or drugged driving, including field sobriety tests

Methods of Gathering Evidence

When you are suffering from your injuries, you cannot possibly gather all of this evidence yourself. Personal injury attorneys understand that. Once you hire an attorney to handle your case, they immediately gather and uncover evidence to help you seek the maximum compensation in your car accident case.

To gather evidence in your case, your car accident lawyer may:

• Return to the accident scene to take photos and videos
• Identify and interview eyewitnesses
• Canvas an area to identify potential witnesses
• Consult experts
• Hire private investigators
• Make phone calls to request information
• File written or online requests for evidence
• Take depositions (under-oath interviews during litigation)
• Interview family members

How a Personal Injury Lawyer Uses Evidence in Your Car Accident Case

Once they have gathered all the evidence, a personal injury attorney first determines whether information gaps need further exploring. Once they have reviewed every potential source for pertinent evidence, they can finally compile it all, analyze it, and determine which legal strategy may result in the maximum compensation in your case.

Evidence’s usefulness does not end there. A personal injury lawyer will also use evidence in their communications with the insurance companies. Evidence shows the insurance company the strength of your case and the amount you need to recover fully. The more compelling the evidence, the greater your chances of recovering compensation in negotiations with the insurance company.

Because Florida is a no-fault car insurance state, most car accident victims settle their cases through a personal injury protection (PIP) insurance claim. Anyone registering a vehicle in the state must carry a minimum of $10,000 in PIP insurance and $10,000 in property damage liability insurance.

If a car accident injured you, your own PIP insurance pays for a portion of your economic losses up to the policy limits, regardless of who is at car accident fault. A personal injury attorney can utilize evidence to ensure you seek the maximum amount available to you under your PIP insurance coverage.

Unfortunately, PIP insurance only covers a portion of your economic losses and none of your non-economic losses, such as pain and suffering. After severe car accidents, you may suffer significant medical debt, excruciating physical pain, and debilitating emotional distress. Why should you shoulder that burden if someone else was responsible for the accident?

In certain circumstances, you can step outside Florida’s no-fault insurance system and file an auto accident injury claim or personal injury lawsuit against the at-fault driver.

To do so, you must meet the serious injury threshold, which means you suffered:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement
• Death

If you suffer an applicable injury under Florida’s serious injury threshold, a personal injury attorney will use the evidence to write a demand letter to the at-fault driver’s insurance company. This letter will describe the evidence against the at-fault driver and detail your accident-related losses.

The insurance company might agree to a reasonable settlement based on the strength of the evidence. However, if the insurer refuses to settle for a fair amount, your lawyer can file a personal injury lawsuit in civil court against the at-fault driver and use the evidence at trial.

Contact a Personal Injury Lawyer for Assistance with Your Car Accident Case

Accident victims can win or lose their cases based on the strength of the evidence, so it is critical to gather evidence immediately. While it’s easy to let the amount of pertinent evidence in your case overwhelm you, you don’t need to face this challenge alone. A car accident lawyer can help you throughout the entire process.

An experienced personal injury law firm in orlando will know the pivotal evidence in your car accident case and gather it for you so you can focus on healing from your injuries.

Don’t spend another moment needlessly worrying. Contact a car accident lawyer today for assistance with your case.