If you are able to do a little bit of “processing” the scene, you can help your legal case in the long-term by collecting evidence that will help you.
What evidence do you need from a car crash?
Keep any evidence that could be used to prove who was responsible for the accident.
This is why it’s important for two reasons:
- California can be considered an at-fault state. The victim’s injuries are the responsibility of the person responsible for the accident. For determining damages, it is crucial to have evidence of what actually happened in case there are any questions.
- California can be described as a state of pure comparative negligence. The plaintiff (injured person), can reduce their damages based on their share of the liability. You, as the plaintiff, want evidence that minimizes your involvement in the accident.
You will need evidence to show the court or insurance companies that there were disagreements or questions.
Evidence from a car accident that could help you to recover damages
Photographs of the scene
It is possible that you have heard the expression “a picture speaks a thousand words”. This applies to evidence from car accidents. A photograph of the accident scene can be used to capture evidence that will help show what happened and its aftermath.
Photos may show the factors that led to an accident. These could include road signs, weather conditions, road conditions and road conditions. Photographing injuries of others is not allowed without permission.
Learn more about taking photos on the accident scene.
Witnesses
Good witnesses can make or break a case.
Witness statements are not something you need to be concerned about at the accident scene. But should make sure you have their contact information in order to find them later.
The witnesses who witness the accident are often the most important. If they see a collision, a pedestrian or other driver might stop and check on the victims to ensure they are safe. They may even wait on the accident scene for emergency responders to arrive. The shock and chaos caused by an accident can make it hard for drivers to notice the people involved. However, if they disappear quietly when help arrives you might miss your chance to capture their observations.
Video surveillance or camera footage
Cameras are everywhere, whether you like it or not. It’s likely that you are being recorded multiple times per day, without even realizing.
Although this might be uncomfortable for some, it can work in your favor if you are the victim of an accident or injury that is captured on film.
It’s worth asking if there were surveillance cameras that captured the accident if it happened near a business or home. It’s important that you check this immediately as most businesses will delete digital footage if there is no reason to. You can request that the business preserve any video footage of the accident. You should also check with your homeowner about digital systems that can delete footage once it has reached a certain time limit or capacity.
You can also use dashcams or other video to see what is happening. Ask your neighbors if they have any.
Police report
Even if the accident appears minor, it is always beneficial to get a police report. After any accident, you can and should contact the police.
Even if you are the at-fault driver, it is beneficial to have a report from the police.
This is because you may think that the other person suffered minor injuries or minor damage to their vehicle. In the absence of a report from the police, they can report to their insurance company that they sustained severe injuries or that their vehicle suffered pre-existing damage. Without an official report detailing the injuries and damage that was observed at the scene, it would be difficult to prove their claims.
Medical records
After an accident, it is crucial to seek medical attention. Even if your injuries don’t seem serious, it is important to visit a hospital emergency room, urgent care or your regular provider.
Some symptoms may appear in the weeks or days following an accident. It would be difficult for you to prove they are the result from the accident if you have not had a medical examination at the time of the crash.
Your diagnosis and treatment are crucial if you are injured. You may be entitled to damages. Let the treating physician know you are there because of an accident. This will be recorded in your chart.
Keep records of all medical visits, medications and treatments related to the crash. To receive the right amount of compensation, it is crucial that you keep detailed records of all medical visits, medications, and amounts.
Repair records for vehicles
California is considered an at-fault State, which means that the person responsible for the accident must pay for the costs.
You should still report the accident to your insurance company, even if the other driver was at fault. Your insurance company will coordinate with the insurance company of the other driver to file your claim.
You might be able to request an estimate from your insurance company for repairs to your vehicle. Your agent can help you determine where to find a quote, and what the next steps should be. You might need to request a quote from an authorized repair service provider if the insurance policy covers repairs.
Summarized from an article by MVP Accident Attorneys.
