CONTRIBUTED
Car accidents can happen in the blink of an eye, but their consequences can last a lifetime. Whether it’s a minor fender-bender or a serious collision, gathering evidence is essential to building a strong car accident claim.
However, many people focus only on the obvious evidence like photos of the damage or the police report and overlook other vital pieces that could make or break their case. If you’ve been in a car accident, understanding what evidence to collect can significantly impact the outcome of your claim.
Why Evidence is Important in a Car Accident Claim
Evidence is the foundation of a successful car accident claim, serving as the building blocks that help reconstruct the events surrounding the accident. Collecting sufficient evidence is necessary, as it enables you to build a strong case, increasing the likelihood of receiving fair compensation.
Conversely, overlooking key evidence can lead to a multitude of problems, including denied claims, inadequate compensation, prolonged settlement processes, and even being wrongly held responsible for an accident that wasn’t your fault.
What are the Most Overlooked Evidence in a Car Accident Claim
Many accident victims focus on basic evidence like police reports and witness statements but overlook key details that could strengthen their case. Here are some often-missed pieces of evidence:
Smartphone Data and Records
Most people carry smartphones everywhere, but few realize how valuable phone records can be after an accident. Your phone might contain:
- GPS data showing your exact location and speed
- Timestamps of calls or texts that help establish the timeline
- Photos or videos you may have taken at the scene without realizing their importance
- Health app data that might show changes in your physical activity after the injury
The other driver’s phone records could be even more important, especially if they were texting or calling someone at the time of the crash.
Social Media Posts
What people say online can sometimes contradict what they claim in an accident case, revealing discrepancies that can be important to your claim. For instance, the other driver may post about activities that don’t match their claimed injuries, admit fault, or describe the accident differently online than they did to the police.
Additionally, their social media photos may show vehicle damage or other important details, while check-ins or location tags might prove they were in a different place than they claimed.
Before-and-After Evidence of Physical Abilities
To show how the accident changed your life, you need evidence of what you could do before compared to after:
- Photos or videos of you participating in activities before the accident
- Fitness tracker data showing reduced activity levels
- Work records showing different job duties or reduced hours
- Testimony from friends, family, or coworkers about changes they’ve noticed
If you were injured in a car accident, gathering comprehensive medical evidence is vital for your claim. Experienced auto accident lawyers in New Jersey, like from rosengardlawgroup.com, know how to obtain and present this evidence effectively to insurance companies and courts. The more evidence you have, the better your chances of receiving the compensation you deserve.
Event Data Recorders (EDRs)
Most newer cars are equipped with a “black box” that records essential information, including vehicle speed before the crash, brake application, seatbelt usage, steering wheel position, and engine throttle levels. This data can be incredibly valuable in reconstructing the accident and proving what happened.
However, it requires specialized equipment to download and may be overwritten if the vehicle is driven extensively after the accident, making prompt action essential.
Detailed Vehicle Damage Documentation
The damage to vehicles provides required clues about the accident’s sequence of events, but it’s often not documented thoroughly enough. To build a strong case, it’s essential to take close-up photos of all damage, not just the main impact areas, as well as pictures of the entire vehicle from multiple angles.
Additionally, document any broken parts and their landing locations, airbag deployment, and the interior of the vehicle, including loose items that flew around during the accident.
Tire Marks and Road Evidence
Road marks can provide vital evidence about speeds and directions, making it compulsory to document them promptly. Skid marks reveal where brakes were applied, while yaw marks indicate a spinning vehicle, and gouge marks in the pavement show where metal parts scraped against the road.
Fluid trails demonstrate a vehicle’s movement after impact, and the location of broken glass and debris also offer valuable clues. Since these marks can disappear quickly due to weather or traffic, photographing them immediately is essential to preserve this important evidence.
Weather Reports and Conditions
Weather conditions can significantly contribute to accidents, yet detailed weather information is frequently overlooked. To build a comprehensive case, it’s essential to gather official weather reports from the exact time of the accident, as well as data on sunrise and sunset times, which may indicate visibility issues.
Additionally, records of recent precipitation, temperature data that may suggest icy conditions, and wind reports that could have affected larger vehicles can provide valuable context and help reconstruct the events leading up to the accident.
First Responder Observations
Police officers, firefighters, and EMTs frequently observe important details at the scene of an accident. Their testimonies can include statements made by drivers. The position of people and vehicles upon their arrival. Behavior that may indicate impairment.
Safety hazards they had to address. Conversations they overheard that could be relevant to the case. All of which can provide valuable insights into the circumstances surrounding the accident.
How to Preserve Overlooked Evidence
Certain evidence can disappear rapidly if not promptly preserved, emphasizing the need for swift action. This includes requesting business surveillance footage before it’s deleted, photographing the accident scene before weather or other factors alter it, and asking witnesses to document their recollections while still fresh in their minds. Additionally, preserving damaged clothing and personal items.
Downloading digital data before devices are replaced or reset, and seeking assistance from professionals such as attorneys, private investigators, accident reconstruction experts, digital forensics specialists, and medical professionals can be significant in collecting and documenting evidence effectively.
Conclusion
Gathering evidence is a vital component of a successful car accident claim. While some pieces of evidence are obvious, others are often overlooked. By understanding the most overlooked pieces of evidence and working with a qualified attorney, you can build a strong case and secure the compensation you deserve. Remember, evidence is the key to a successful claim, so don’t miss out on essential information that can impact the outcome of your case.