Gathering evidence in car accident claims is the most crucial aspect of establishing fault and receiving compensation for your injuries and other damages. The strength of your evidence can let you receive your deserved compensation without a trial.
Yet, even if your personal injury claim goes to trial, the evidence is just as important. California follows the pure comparative negligence system, meaning you might be assigned a percentage of fault for the accident if you can’t prove otherwise.
This percentage of fault will be taken from your total compensation amount.
In California, even if a driver is 99% at fault for the car accident, they can still receive compensation. This means that gathering evidence is even more crucial than in other states that prohibit drivers from recovering damages if they are more than 50% at fault for the accident.
Because of this, you should work closely with a car accident lawyer to gather evidence and gain access to expert witnesses for your case. Here is how evidence is collected in car accident claims:
Collecting Evidence in Car Accident Claims
Although it might sound counterintuitive, you might be the first person to collect evidence for your case when you are involved in a car accident. This is, of course, if you are able. You can take pictures and video footage after the accident.
Take pictures of the accident scene even if the authorities haven’t arrived. You should photograph your injuries, the damage to your vehicle and the other vehicles involved, and road conditions. Try to take clear pictures from various angles.
If witnesses are present, ask them for their names and contact information.
Look around the accident area and note if there are any CCTV cameras around. Once authorities and paramedics arrive, you should begin keeping track of all the medical expenses and procedures you are subjected to.
Accept medical treatment even if you feel fine. This will create medical records that you can later use in your case to attest to the seriousness of your wounds. Afterward, contact a personal injury lawyer.
Get Help From a Lawyer
Once you have found a personal injury lawyer for your car accident claim, they will help you gather more evidence for your case to ensure a stronger claim.
A lawyer can obtain a copy of the police report, which often contains the necessary information about the cause of the accident and if any traffic violations or criminal charges were filed against the other driver.
Your lawyer will also be able to get statements from the eyewitnesses and prepare them to give valuable testimonies in your favor.
Along with the medical records detailing the extent of your injuries and the associated medical expenses, your lawyer can hire or consult with other experts to strengthen your case.
For instance, they might work with accident reconstruction experts or medical professionals, and other expert witnesses in your case so that they can give expert testimonies to establish liability and damages.