Evidence Used in Car Accident Cases

The Right Evidence Can Make or Break Your Claim

After a car accident, you are feeling a lot of emotions. There will be a lot to channel, and having tasks can help direct some of your energy and efforts on the road to recovery. One helpful and productive thing you can do immediately after an accident is to gather evidence. The more documentation you have, the more likely you are to receive a fair settlement. Even if your accident was relatively minor, collecting evidence can help establish damages and fault if another driver contests liability.

Why Is Evidence Important?

In any civil (as opposed to criminal) legal case, the party making a claim has the burden to prove that what they are claiming is more likely true than not true. A party cannot simply make accusations against someone else—they must provide evidence to establish validity of the claim. Without evidence, you cannot meet your burden and you risk not getting the compensation you deserve.

At Cava Law Firm, we thoroughly investigate your case, compile various types of evidence, present a cohesive narrative, meet our burden of proof, and maximize your compensation. Our car accident lawyers can provide valuable legal insight based on our extensive experience and success.

What Is Evidence?

Evidence will be considered anything representing a clue or indication of what happened in your accident. Evidence will corroborate your version of events. The amount of weight any evidence is given will depend on its credibility, reliability, and whether the source is competent. Therefore, the inferences you draw from any piece of evidence can sometimes be debatable, and its strength will vary. However, knowing that you have the puzzle pieces to prove your claim and a superior legal advocate who can help put them together in the proper format will take you far.

The evidence needed for a car accident case, including the types of car accidents involved, will depend on the circumstances of your case and what is available. If your accident happened in a parking lot, the evidence will be very different than if it happened on an interstate. Similarly, if you were involved in a bicycle accident, the evidence will look different from a truck accident. Specifically, understanding what to do if an Amazon truck hits your car is crucial, as dealing with large corporations involves specific considerations.

Statements Of Witnesses

When you are in a car accident, you should at least get the names and contact information of those involved. This includes drivers and passengers. Each driver should stop and exchange information, anyway. Your insurance company will ask you to make at least one statement if you pursue a claim, which allows you to relay your version of events. However, it is advisable to consult with an attorney before doing this because under Massachusetts Guide to Evidence 801(d)(2), anything a party says can be used against them.

Anyone who saw what happened can also be an eyewitness and will be able to provide valuable insight. Uninvolved eyewitnesses can include pedestrians, people in surrounding businesses or homes, or other drivers. They can offer details that might not otherwise be available. When someone was not personally involved, their statement can be considered unbiased, which is powerful and a good way to contradict any argument from the other driver.

Police Reports

A police report will be helpful for negotiation with the insurance company because it can be viewed as an “objective” take on the car accident. An officer’s report may include information that impacts the outcome of your car accident case. If your case goes to trial, the Massachusetts car accident report or document itself may not be admissible, but some of the information contained in the report can still be considered. An officer can testify to his investigation to help establish the legitimacy of your claim.

Photographs and Videos

Dash cameras are becoming more popular. If you happen to have one, be sure to save the footage of your accident. If there is no dash-mounted footage, security camera, doorbell camera, and traffic camera footage may be available. Video evidence is powerful, but it can be difficult to locate and collect. You must act quickly. An attorney can help.

Real-time evidence is ideal for painting the picture of what actually occurred, but it is not absolutely necessary. You can also use your cell phone to record the damage and the scene after the accident.

You may think photos and video from after the accident are not helpful, but they certainly are. Your memory fades with time, and anything showing the scene — such as how the vehicles were positioned, skid marks, traffic signs, the weather, debris, and road conditions — will be helpful. You can even photograph injuries, if it is safe to do so. Remember, evidence is just a puzzle piece, and it will be better to show the aftermath instead of just telling someone about it.

Diagrams and Expert Testimony

Not every lawsuit requires an expert, but it is not uncommon to hear from one in a car accident case. An expert witness is different from an eyewitness because it is not someone who was present for your accident. It is someone with skills, knowledge, background, education, training, and expertise in a particular field or area. An expert witness can review the facts related to an accident and give an opinion on the matter. They can explain technical details and lend credibility to your testimony. In a car accident case, experts can include:

• an accident scene reconstructionist;
• an economist or actuary;
• engineers;
• rehabilitation specialists;
• medical practitioners;
• mental health professionals.

Frequently, expert witnesses can create diagrams or visual aids to help explain their conclusions and findings. For example, a reconstruction can be a three-dimensional model or a digital rendering of the scene. A medical practitioner can show X-rays or photographs of injuries to help explain their significance. These visuals can be used as evidence in your claim.

Proof of Damaged Property

Your damages also include payments made to repair, maintain, or improve your vehicle. Proof of maintenance can be important because it can show that your vehicle damage is not due to your failure to care for your car. Sometimes, in a product liability case, maintenance records can be used to show that a vehicle defect was the underlying cause of your car accident. If your accident occurred on someone else’s property and could be related to a failure in maintaining safe conditions, consulting with a premises liability lawyer can be crucial in understanding your legal rights and options.

Medical Records and Bills

Documentation of your injuries and expenses are crucial in car accident court cases. Your medical records, physician statements, and your testimony can all be used to prove the extent of your injuries. They will also go to show that the injuries were a direct result of the crash.

In order for you to recover compensation, you also have to prove how much your damages are. Evidence of your expenses will come in multiple forms, from medical bills and repair invoices to bank statements and car rental paperwork. Your past costs can be used to determine future costs of treatment. Your injuries will undoubtedly decrease your quality of life and increase your medical expenses. Consulting with a construction accident lawyer in Springfield can be crucial in ensuring you receive the compensation you’re entitled to. You ultimately should not have to foot the bill for those costs.

Employment Records

If you took time off work to recover, you could potentially seek compensation for lost wages. However, you will need to prove exactly how much income you lost. Therefore, pay stubs, W-2s, tax returns, leave requests, timesheets, or even emails will be needed. Any communications or documentation showing you missed work will be used as evidence for your claim.

Other Evidence May Be Relevant

In addition to the evidence listed above, there may be other pieces of evidence specific to your case. Some examples are text messages or cellphone records in a distracted driving case, or driving records if you are injured by a UPS/Fed Ex/18-wheeler driver. An experienced Springfield distracted driving lawyer can help identify and gather the necessary evidence to build the strongest case possible.

Our Car Accident Lawyer Fights for You

Although most of us may drive every day, and some of us have even been involved in a car accident, few of us have experience handling evidence to prove everything needed to win a contentious car accident case. If you have been injured in a car accident, you may not know how to handle it and be prepared to fight. Our competent attorneys will not shy away from difficult cases. We know that winning is NO accident!

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]