In the confusing aftermath of a car accident, the concept of “evidence” might seem like something out of a courtroom drama. But in reality, evidence is simply the information used to prove what happened and who is responsible. It is the foundation of a successful personal injury claim, and the more quality evidence you have, the stronger your case will be.
It’s completely understandable if you didn’t think to start gathering evidence at the scene of the crash. You were likely in shock and pain. The good news is that it’s not too late. An experienced car accident attorney has the tools and resources to gather the crucial evidence needed to build a powerful case on your behalf. Let’s look at the types of evidence that can make all the difference.
The Key Pieces of the Puzzle
1. The Police Report
The official police report is the cornerstone of any car accident investigation. It provides a narrative of the accident, identifies the parties involved, lists any witnesses, and often includes the officer’s initial determination of fault. While it’s not the final word, it’s a critical starting point.
2. Photographic and Video Evidence
In today’s world, a picture truly is worth a thousand words. Visual evidence is incredibly persuasive. This can include:
•Scene Photos: Pictures of the vehicles, skid marks, debris, and the surrounding area.
•Injury Photos: Documenting your physical injuries as they heal.
•Surveillance Footage: Many businesses have security cameras that may have captured the accident.
•Dashcam Video: If you or a witness had a dashcam, the footage can be invaluable.
3. Witness Statements
Independent witnesses who have no stake in the outcome of the case are often seen as very credible. A statement from someone who saw the other driver run a red light or look down at their phone can be a game-changer.
4. Medical Records
Your medical records are the primary evidence of your injuries. They create a detailed timeline that documents your diagnosis, treatment, and the medical opinion of your doctors. It is crucial that you are completely honest with your doctors about all of your symptoms and how the injuries are affecting your life. This information will become a key part of your claim.
5. Proof of Lost Wages
To be compensated for the time you missed from work, you need to document it. This can be done through pay stubs, a letter from your employer, and your tax returns. If your injuries have permanently affected your ability to work, we may hire a vocational expert to provide a report on your diminished earning capacity.
6. Expert Testimony
In complex cases, we often rely on a team of experts to help us prove our case. This can include:
•Accident Reconstructionists: These experts can use physics and engineering principles to reconstruct the accident and prove how it happened.
•Medical Experts: We may consult with specialists to provide an opinion on the cause and long-term prognosis of your injuries.
•Economists: These experts can calculate the full extent of your financial losses, including future lost wages and medical expenses.
Frequently Asked Questions (FAQ)
Q: I didn’t get any pictures at the scene. Is my case weaker now?
A: While scene photos are helpful, their absence is not fatal to your case. An experienced attorney and accident reconstructionist can often piece together what happened using other evidence, such as the damage to the vehicles and the police report.
Q: What if there were no witnesses?
A: Many accidents happen without independent witnesses. In these “he said, she said” situations, we rely on the physical evidence and the credibility of our client to prove the case. This is where a thorough investigation and strong legal advocacy are most important.
Q: The other driver is lying about what happened. How can I prove it?
A: This is a very common situation. We can often expose a lying driver by finding inconsistencies in their story, using the physical evidence to contradict their version of events, and through a skilled cross-examination during a deposition.
Let Us Build Your Case
Gathering and organizing all of this evidence is a massive undertaking. It’s not something you should have to do while you are trying to recover from your injuries. This is our job. We have the experience, the resources, and the network of experts to build the strongest possible case on your behalf.At Fitzpatrick, Skemp & Butler, we leave no stone unturned in our pursuit of justice for our clients. To learn more, please visit our homepage or our main car accident service page. When you’re ready, contact us at (608) 784-4370 for a free consultation. Let us put our expertise to work for you.