Woman taking photo of car accident

Car Accidents

What Evidence Do I Need for a Car Accident?

Posted by: Kemmy Law Firm

After a car accident, you need evidence to prove fault, liability, and damages. There are many different types of evidence that you can use to support your case. Some of that information will be first-hand, and other data will be contained in third-party records.

Why Do I Need Evidence in a Car Accident Case?

You will need evidence to support your claims of fault. You must prove who caused the accident and who is responsible for paying your damages. This evidence will be presented to the insurance companies and the jury if your case goes to court.

You will also need to prove the extent of your damages. This includes medical expenses, lost wages, and even pain and suffering. Some of the evidence you need will consist of specific out-of-pocket damages. You should also know how the accident has negatively impacted your life and future.

Types of Evidence That Can Support Your Auto Accident Claim

The more evidence you have, the better your chances of obtaining maximum compensation. You also have a better opportunity to get a quick settlement offer from the at-fault driver’s insurance company if you can prove fault with the information you’ve collected.
The following types of evidence will support your case:

Medical Documents & Bills

Medical expenses are a type of economic loss you can get 100% reimbursement for in a car crash claim. That’s why it’s essential to prove as much of your medical damages as possible. Helpful documents include medical bills and explanations of benefits (EOBs) from your insurance company.

Medical documents like prognosis reports and treatment records can help prove the severity of your injuries and necessary treatment going forward. These can demonstrate your future medical needs and expenses.

Photos & Videos of the Accident Scene

Photographs and videos of the accident scene, injuries, and car damage are powerful evidence that can be used in a trial. Juries are especially responsive to visual evidence like pictures and videos.

Additionally, the marks on the roadway, signs, traffic lights, and other items in the images can help prove fault.
Pictures of your injuries from their onset through healing stages can show progression, severity, and ongoing damage.

Witness Testimony

If there were any witnesses of your accident, it’s essential to get their contact information. Details they may share about your crash can help prove fault and establish liability.
Eyewitnesses tend to forget things quickly, so get a written and recorded statement as soon as possible. Your car accident lawyer can schedule a deposition, which is a formal interview and recording of the witness’ testimony. Depositions can be used in court if a witness forgets what happened.

Expert Witness Testimony

Many car accident cases require expert testimony to get the most compensation possible. Experts can give opinions about the cause of an accident to support who was at fault. They can also review medical and financial records and help establish economic damages. Experts are expensive to use, but they boost the value of a case.

Police Report

The police report will provide essential information in your car accident claim. The police officer may have asserted who was at fault or issued a traffic ticket. This data can be used to establish liability.

Most accident reports provide a detailed description of what happened in a car accident. It will also include the names and contact information of witnesses, other drivers, and passengers. This can be helpful when you try to prove what happened.
The police report will include everyone’s insurance coverage information. If the other driver did not have insurance, you still have options to get compensation for your damages.

Paystubs and Tax Documents

If you were unable to work because of your injuries, you will need evidence about your wage loss damages and used benefits. You may have been forced to use sick leave or PTO (paid time off). Paystubs and tax returns can prove how much money you have lost due to your inability to work. If those are not available, then bank statements and a letter from your employer may be helpful evidence.

A Car Accident Lawyer Can Help You Gather Evidence

It’s essential to have as much evidence as possible to support your claim. The more information you have, the more money you can get from the insurance company. A car accident settlement is often available for people with clear evidence of fault and liability. If you must take your case to court, a jury will also need to see your evidence.
Call Kemmy Law Firm to discuss your case. We are available at 210-750-1019 or use our online form to reach out and schedule a consultation.

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When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.