Car accident cases require some proof of fault if you are to be successful. Unfortunately, evidence is not always readily available after a car accident. If any evidence is available, it might not be as strong as you hoped. While car accidents can be very scary and nerve-racking, it is important to keep a level head so you can gather as much information and evidence as possible. Ideally, you should start looking for evidence immediately after the accident while waiting for law enforcement or other emergency personnel. However, your medical needs must always come first. There may still be evidence available after you have received proper medical care.
The kind of evidence you should be looking for will depend on the nature and location of your accident. Some accidents may simply have more evidence than others. Alternatively, your accident may leave you with very little evidence to work with. In any case, you should be looking for physical evidence from the accident scene, possible eyewitnesses, and any documentation of the accident.
If you were in a car accident, it might not be too late to begin gathering evidence. Our Bronx car accident lawyers can help you identify important evidence that might still be out there. Schedule a free, confidential legal consultation with our dedicated Wyandanch car accident lawyers at The Carrion Law Firm by calling (718) 841-0083.
Important Evidence from the Scene of the Accident
Immediately after an accident, your first action should be to call for help. If your accident was rather serious, you might be severely injured and unable to exit your vehicle. Do not risk your health and safety for the sake of evidence. Wait for help to arrive and get medical treatment as soon as possible.
If your injuries are such that you feel able to exit your vehicle and walk about the accident scene, try to take pictures of the scene with your phone. These pictures will be useful for two reasons. First, you can use the pictures to prove damages to insurance. Insurance companies usually want some proof of the accident and your injuries before making any payments. Second, if your car accident leads to a personal injury lawsuit, the pictures can be used as evidence in court.
You should also look for any possible witnesses. If your accident occurred in a heavy traffic area, it is likely that someone else saw the accident happen. It is also not unusual for passersby to stop and help those who have been in an accident. If you can, get names and contact information from anyone near the scene. They may come in handy later as eyewitnesses.
In today’s modern world, everything seems to have a computer chip and a camera. Most storefronts and many private homes have surveillance cameras. It is possible that your entire accident was caught on camera. You can ask people and businesses near the accident if they have cameras that might have recorded the accident. Be sure to act quickly, as surveillance footage is often deleted every few days.
You should also make a note of everything the other driver says to you after a car accident. While they might not realize it at the time, the other driver could inadvertently admit fault for the accident. Even simple statements like “I’m so sorry,” could be used to demonstrate fault. Our Queens personal injury lawyers can help you assess any evidence collected from your accident scene.
Using Information and Traffic Citations from the Police as Evidence in Car Accident Cases
In any accident, police should be called to the scene. They usually make a detailed accident report and issue citations to drivers whose negligence may have caused the accident. It is not uncommon for the police to issue a driver a ticket for something like speeding or running a red light at the scene of an accident. You can use this information to support your case in court.
If the other driver was ticketed for reckless driving or some other violation connected to the accident, you can use that to prove fault in a personal injury case. A police report cannot be admitted as evidence in court because it is considered hearsay. However, the information contained in the police report may be used for your own investigations. For example, if the police spoke with several eyewitnesses while you were transported to the hospital, you can use the police report to track down the witnesses and hopefully convince them to testify for you.
Our Long Island car accident attorneys can also seek court records for traffic tickets or convictions for reckless driving, drunk driving, or other charges related to the accident.
Evidence of Your Injuries and Damages in a Car Accident Case
In some cases, the defendant may try to argue that the accident was not serious. Believe it or not, this can sometimes be a hard argument to beat. When evidence is scarce, your case might come down to your word against theirs. Therefore, you need to keep excellent records of your physical injuries and the damage to your vehicle. You may use this information to refute the defendant’s claims of a non-serious accident.
For example, they might try to say the crash was only a fender-bender. However, you can present records of your physical injuries from your doctor to demonstrate that the defendant’s fender-bender argument does not explain your broken leg and multiple lacerations. By keeping a record of your injuries, you make it harder for the defendant to play down the seriousness. Our Brooklyn car accident injury lawyers will help you develop the best legal strategy for your case.
Call Our Law Offices for Help with Your Car Accident Case
At the end of the day, you can build a strong case no matter how much evidence you have. Arrange a free legal consultation with the Hamburg, NY car accident injury attorneys at The Carrion Law Firm by calling (718) 841-0083.