When another driver is clearly at fault for your car accident, that doesn’t mean their insurance company will accept liability. There is evidence that is vital to supporting your accident claim, and here are some examples of what you need to obtain the compensation you are entitled to.
Evidence from the Accident Scene
The evidence you can gather from the crash scene includes photographs and videos, any available video surveillance, measurements of skid marks, the contact and insurance information for the people involved, and any witnesses. The positions of the vehicles after impact should also be noted, as well as the weather conditions and any surrounding factors that could have contributed to the collision.
The police should always be called after a car accident so an official report can be made. The report will contain contact and insurance information for the parties involved if you were unable to obtain it. It will also include the position of the vehicles, how the officer believes the accident happened, who they believe caused it, and if any drivers were cited for a traffic offense that will also be noted. Although police reports are generally inadmissible in court, they will typically hold considerable weight with an insurance adjuster when determining who is liable.
Eyewitness statements or their evidence recordings can be an invaluable resource because they do not have their own interests in mind or care about the case’s outcome. However, it can be challenging to obtain a record of eyewitness testimony, so you likely need an experienced car accident attorney to help.
Medical records are vital to a car accident claim. They link your injuries directly to the accident and also testify to the severity of your harm and required future care. Information on your injuries can also possibly confirm the speed and position of the vehicles at the time of the crash.
Documentation of Other Losses
You will need to provide records and receipts to obtain compensation for any other financial losses related to the accident. For example, repair or replacement invoices for the damage to your vehicle and other property, a receipt for a car rental, etc. To show evidence of lost income, you can provide pay stubs and W-2s and any records of missing work.
Depending on the circumstances of your car accident, your case may require expert testimony. For instance, your attorney may hire a medical expert to testify to the extent of your injuries and how they will impact you in the future, a forensic accountant to calculate future losses, or an accident reconstructionist to gather additional evidence on how the accident occurred and who caused it.
How Negligence is Proven in a Car Accident Case
With the evidence you have gathered, you must be able to establish the following four elements to successfully hold another party liable for your car accident in court:
- Duty. The driver owed you a duty of care. (e.g., drivers have a legal obligation to follow traffic laws and exercise reasonable caution)
- Breach of Duty. The driver breached their duty by failing to use reasonable care. (e.g., texting and driving, running a stop sign, speeding, etc.)
- Causation. The driver’s negligence directly caused your injury. (e.g., medical records of treatment right after the crash)
- Damages. The last element you must prove is damages or financial losses. (e.g., medical bills, lost income, etc.)
Proving negligence can be complex, and your actions immediately following a car accident are critical.
Milano Legal Group Can Help You
Our highly experienced Houston Car Accident Lawyer can help you preserve the critical evidence you need to prove fault and obtain the compensation you deserve. Message us online or call (713) 489-4270 today for your free consultation.