A car T-bones your vehicle as you go through an intersection. You broke several bones and have a concussion. You plan to call the other driver's insurance company to obtain compensation.
Stop! When seriously injured in a car accident by another driver, you need a car accident attorney to collect vital evidence, prove fault, and demand the most compensation. Your auto accident lawyer will carefully gather the critical evidence mentioned in this article to obtain the best case result.
What Is A Car Accident Claim?
A car accident claim is a formal request made to an insurance company or a legal entity to seek compensation for damages or injuries resulting from a car crash. Typically, it involves one party asserting that another party is responsible for losses incurred during the accident. Losses can include medical bills, lost income, property damage, and more.
How A Car Accident Claim Usually Works
- Filing the claim: The accident victim or their attorney informs their insurance company of an accident. The victim may also contact the other driver's insurance company for coverage. This often requires a police report, photos, witness statements, and other evidence.
- Investigation: The insurer assesses fault, reviews evidence, and estimates damages. Fault is key; most claims hinge on who's legally responsible.
- Negotiation: The claimant and insurer negotiate a settlement. The dispute might escalate to mediation or a lawsuit if the settlement is disputed.
- Resolution: A payout is agreed upon, or the case is taken to court for a judge or jury to decide. You should always have an auto accident lawyer if the case goes to trial.
It is strongly recommended that a seasoned auto accident lawyer help with your car accident claim. They can be critical in proving fault by evidence and securing sufficient compensation for your losses. Have an auto accident lawyer review your case to determine your legal options.
Potential Critical Evidence In A Car Accident Claim
Another driver allegedly injured you in a car crash. It seems straightforward: The other driver ran a red light and T-boned you. You're injured from the crash and want compensation.
Many auto accident claims are not that simple, however. You must prove fault by a preponderance of the evidence. Doing so can be more challenging than it seems initially. Proving fault is one of the vital roles your auto accident lawyer plays.
Obtaining compensation in a car accident claim means proving that another party violated their duty of care and injured you. If you prove fault, you can receive compensation for medical bills, property damage, lost income, pain and suffering, and more.
A car accident lawyer will review your case and attempt to prove fault by collecting and documenting significant evidence. These pieces of evidence include those listed below. Much of this evidence is difficult to obtain without a car collision lawyer's assistance, and their skill at interpreting and documenting the evidence is often vital to securing maximum compensation:
Police Report
Attorneys rely heavily on the official police report filed at the scene. This document often includes the officer's observations, statements from drivers and witnesses, and sometimes a preliminary assessment of fault. For example, if the report notes that one driver ran a red light or was speeding, it can be a strong foundation for proving liability.
If law enforcement responded to the scene, their report is often the cornerstone of your case. It includes observations, witness statements, and sometimes an initial determination of fault. Get a copy if possible; it's usually admissible in court or insurance disputes.
Witness Statements
Independent eyewitnesses can provide unbiased accounts. Their testimony about what they saw, like who ran a red light or swerved, can be critical. Collecting their contact info is key as memories fade. An attorney will collect their statements to show consistency in the narrative, like confirming that the defendant was distracted or driving recklessly.
Photographs/Video Footage
Pictures of the crash scene are gold. Capture vehicle damage, skid marks, road conditions, traffic signs, and anything relevant. If you have Dashcam footage, it will be even better because it's time-stamped and objective. Traffic or security cameras nearby can also hold key evidence; request that footage quickly before it's overwritten.
Physical Evidence
Skid marks, debris placement, or vehicle damage patterns can tell a story. For example, front-end damage on one car and rear-end damage on another often indicate a rear-end collision where the following driver is at fault. Attorneys may use vehicle debris, tire marks, or damage patterns analyzed by accident reconstruction experts to assemble the sequence of events. This can show, for example, that a driver swerved into the wrong lane or didn't brake in time.
Traffic Laws and Citations
If someone got a ticket for speeding, DUI, or running a stop sign, that's strong evidence of fault. Courts and insurers weigh this heavily. Check local traffic laws, too; violating them can pin liability on the other party.
Driver Statements
What the other driver says at the scene can be used against them, especially if they admit fault. Be cautious because your own words can be twisted, too. If you are questioned, stick to the facts.
Vehicle Data
Modern cars often have event data recorders, black boxes that log speed, braking, and other details right before a crash. Accessing these requires permission or a court order, but they are definitive when available.
Road and Weather Conditions
If ice, fog, or a poorly maintained road contributed, this might shift blame away from drivers or highlight negligence if someone didn't adjust to conditions. Photos and weather reports support this.
Cell Phone Records
Distracted driving, like texting, can seal a fault case. Subpoenaed records showing activity at the crash time are persuasive, though more challenging to get without legal action. You cannot obtain this information without a subpoena, so your auto accident lawyer is critical.
Expert Testimony
Accident reconstruction specialists or engineers can analyze complex cases (e.g., multi-car pileups) using physics and evidence to pinpoint fault. This evidence can be critical in a serious auto accident lawsuit. Only an experienced auto accident attorney can obtain expert testimony and construct it to prove fault in a claim.
How A Car Accident Attorney Uses Evidence To Prove Your Claim
Your auto accident lawyer builds your case by combining the evidence above to show the four facts of negligence: duty of care, breach of duty, causation, and damages. For example, if a drunk driver rear-ends someone, the attorney might use a DUI citation (breach), skid mark photos (causation), and hospital bills (damages) to prove the defendant's liability.
Each case hinges on specifics, such as weather, road layout, or driver behavior, so the attorney tailors the evidence to tell a straightforward, persuasive story. If it's a he-said-she-said situation, they'll lean harder on objective evidence like video or data to prove fault.
How Medical Records Can Make Or Break Your Car Accident Claim
Medical records play a critical role in determining the success of a car accident claim. They serve as objective evidence to support your case, linking the accident to your injuries and demonstrating the extent of the harm you've suffered.
Ideally, your auto accident lawyer will use your medical records to show that you suffered injuries because of the auto accident. Here's how they can make or break your claim:
How Medical Records Can Make Your Claim
- Establishing causation: Medical records document the injuries you sustained and often include a doctor's notes about how they likely occurred. If they tie your injuries directly to the car accident (e.g., "patient reports neck pain following a rear-end collision"), this strengthens your claim by proving the accident caused the harm.
- Proving severity: Detailed records, such as diagnoses, X-rays, MRI results, or treatment plans, show the seriousness of your injuries. This can justify higher compensation for medical bills, pain and suffering, or lost income. For example, a record showing a herniated disc requiring surgery carries more weight than a vague complaint of back pain.
- Demonstrating consistency: If you seek medical attention promptly and follow through with prescribed treatments, your records reflect a consistent effort to address your injuries. This can counter arguments from insurance companies that you're exaggerating or not mitigating your damages.
- Supporting expert testimony: Attorneys or medical experts may use your records to build a compelling case. Clear documentation gives them a solid foundation to argue the long-term impact of your injuries, like chronic pain or disability.
How Medical Records Can Break Your Claim
Your auto accident attorney has skill and experience in proving fault and damages in auto accident claims and lawsuits. However, several pitfalls can undermine your claim:
- Gaps in treatment: If you delay seeing a doctor or skip recommended treatments, insurance adjusters might argue that your injuries aren't serious or weren't caused by the accident. For instance, waiting weeks to seek care can lead them to claim your injury stemmed from something else. Thus, always seek immediate medical care after a serious auto accident.
- Pre-existing conditions: Medical records showing prior injuries (e.g., an old knee problem) can complicate your claim. If not carefully addressed, the at-fault party might argue your current pain is unrelated to the accident. You'd need to prove the crash aggravated or worsened the condition, which requires clear medical evidence.
- Not following the treatment plan: Always attend every follow-up appointment and listen to your doctor's advice, or the insurance company may deny the claim.
- Inconsistent statements: If what you tell your doctor differs from what you report to the insurance company or in court, your credibility can take a hit. Insurance companies often scrutinize records for discrepancies.
- Lack of documentation: Failing to report all symptoms to your doctor or not seeking care leaves you with little proof of injury. Without records, it's your word against theirs, and claims without evidence rarely succeed.
Your car accident attorney is highly skilled in using medical records and testimony to prove the severity of injury and related damages in serious auto accident claims. Be sure to do your part in your case to ensure the best result: Get immediate medical care, fully document your injuries and symptoms, always follow the treatment plan, and attend follow-up appointments.
Compensation Available In A Car Accident Claim
You can receive some or all of the following compensation if your auto accident lawyer proves fault and damages with the available evidence:
Economic Damages
These are tangible, quantifiable losses you incur due to the auto accident. They aim to reimburse you for out-of-pocket expenses and financial impacts. Common examples include:
- Medical expenses: Covers costs like hospital bills, surgeries, doctor visits, medications, physical therapy, and future medical care related to your injuries.
- Lost income: Compensation for income lost due to time off work while recovering. This can also include loss of earning capacity if your injuries affect your ability to work long-term.
- Property damage: Reimbursement for vehicle repairs or replacement and any other damaged personal property, such as a computer or cell phone.
- Out-of-pocket expenses include transportation to medical appointments, childcare, and hiring help for household tasks that you can't perform due to injuries.
Non-Economic Damages
These compensate for subjective, non-monetary losses that don't have a clear dollar value but significantly impact your life. Examples include:
- Pain and suffering: Covers physical pain and discomfort caused by your injuries, often calculated based on the severity and duration of the pain.
- Emotional distress: Compensation for psychological effects like anxiety, depression, or PTSD resulting from the accident.
- Loss of enjoyment of life: The reduced ability to enjoy hobbies, activities, or daily life due to your injuries.
- Loss of consortium: Awarded to a spouse or family member for the loss of companionship, support, or intimacy caused by your injuries.
Your auto accident lawyer will fight for the most compensation for your losses. Auto accident claims are often settled out of court with the liable insurance company. However, your attorney may need to take the case to court in a lawsuit if the insurer denies liability or refuses to offer enough compensation.
Contact A Car Accident Lawyer Now
Convincing accident evidence is vital to proving fault and obtaining damages after a car accident. However, obtaining the best case results after a serious car accident without an attorney is challenging. A personal injury lawyer will use the available evidence to prove fault. They will also ensure your rights are respected, and you get the most money for your loss. Talk to a car accident lawyer in your community today in a free consultation.