There are so many things that are happening in the moments after an accident occurs. Not only are you trying to ensure safety and get out of the way of traffic, but you’re also assessing the damage, taking care of injuries, and calling the authorities.
Even though it can be difficult to think clearly during this stressful time, especially when emotions are running high, it’s critical that you are proactive about gathering the right accident scene evidence. This documentation helps to build your case and protect your rights. You need solid evidence that will support your insurance claims, and your personal injury lawyer will use this information when building your case.
What should you collect immediately after the accident? Talk to our experienced legal team, and we will help with the ideal recommendations that can make a major difference in the outcome of your case and settlement. Here are a few things that you need to know:
Why Collecting Evidence Is Important
The faster you collect evidence, the stronger your case. Even if the authorities are performing an accident scene investigation, you should still collect your own evidence to provide to your personal injury lawyer.
The best evidence is collected immediately. The longer you wait, the harder it becomes to gather the evidence needed to build your case. When an accident occurs, think about the legal proof for insurance claims that you will need to show liability and the extent of the damage and injuries.
One of the benefits of collecting evidence after an accident is that you can reduce the likelihood of disputes about what actually happened. Your evidence will strengthen your position and help your personal injury lawyer build a case that will result in a fair settlement.
The Best Types of Evidence to Gather at the Accident Scene
Look for these things when you are collecting evidence after an accident:
- Photos and Videos: The benefit of our modern world is that everyone has a camera in their pocket. Pull out your phone and take a bunch of photos showing the accident scene, surrounding conditions, injuries, damage, and more. Take wide shots of the whole scene as well as close-ups of debris, skid marks, and injuries. Make sure to document any traffic signals, signs, or obstructions that are in the area. These photographs at an accident scene can be used as unbiased visual evidence when negotiating your case.
- Witness Statements: Collect contact information (names, phone numbers, and email addresses) and witness statements from anyone who was in the area when the accident happened. Eyewitnesses are helpful for providing a neutral perspective on what happened. The best solution is to get written or recorded statements so that you can back up your version of the events.
- Police Reports: Once the authorities arrive at the accident scene, they will start documenting the accident so that a report can be filed. You will want a copy of the official report because it includes documentation for facts, potential violations, and preliminary findings. Most of the time, insurance companies will require police report documentation to determine liability. These reports can play a significant role if your case moves into a court case.
- Medical Records: Even if you think your injuries are minor, you should still seek immediate medical care. You need a paper trail that shows doctor consultations, diagnosis, and treatments. These medical records for accident claims will show that your injuries are the result of the accident. These records are essential to calculate damages in your settlement, including invoices for treatment costs and recovery time. Warning: if you delay medical treatment, then it might weaken your claim.
- Driver Information: Always collect contact information from the other driver and anyone else who was involved in the accident. This contact information exchange should include full names, phone numbers, email addresses, and insurance details. If a company or commercial vehicle was involved in the accident, then get information about the employer or business.
- Document Vehicle Damage: Gather as much evidence as possible showing the damage to all of the vehicles involved in the accident, such as photos and videos. Document the damage from different angles to show the collision points and the severity of the damage that occurred. This vehicle damage documentation is important to help with fault analysis and repair estimates so that you can avoid low settlement offers from the insurance company.
Best Practices to Properly Document Evidence
Not only do you need to be proactive about collecting evidence after an accident but make sure to follow these best practices as recommended by an experienced personal injury lawyer.
The easiest way to gather accident evidence is to use your phone right away to record photos and videos. If your phone is damaged or unavailable to use, then talk to witnesses or other people in the area to see if they can help with their phones.
Always save digital evidence in a secure place where you can find the files. Keep backups in multiple places in case you accidentally lose the evidence.
Take time after the accident to write down your memories of the event, including as much detail as possible. It’s important to do this right away so that you can document accurate information while the details are fresh. Write down anything and everything that comes to mind, including your memories of the accident, dates, times, and full descriptions.
FAQs
Why is collecting evidence at an accident scene important?
This evidence helps to protect your legal rights and strengthen your case. The right evidence will establish fault so that you can receive a settlement.
Should I get witness statements even if the police are present?
Yes, even if the police are on the scene, there is a risk that they won’t capture every detail. Witnesses might add valuable context that is not included in the police report.
Talk to an Experienced Personal Injury Lawyer
Keep in mind that if you don’t have strong evidence for your accident, then it could result in a lower settlement. The goal is to collect details and information that will prove fault and establish the severity of the resulting damages. Then your personal injury lawyer can use this information to negotiate the best settlement on your behalf.
When you have the proper evidence, then there is a higher likelihood that the insurance company will take your claim seriously. Our legal team at Wormington & Bollinger is here to help you build a solid case that will maximize the compensation you receive. For more information, contact us for a free consultation.