How to Gather Evidence for Your Car Accident Claim

How to Gather Evidence for Your Car Accident Claim

Suffering a car accident can leave you shaken and overwhelmed. If another driver injures you or causes you property damage, you may recover compensation, especially if you can prove their negligence.

Therefore, while dealing with the aftermath, hire a Bronx car accident attorney to gather evidence to support your car accident claim. It will help prove fault and secure compensation for your injuries and damages.

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The More Evidence You Provide, The Better Your Chances

A woman holds a smartphone to take pictures of the area of ​​a car crash in the accident. To collect as evidence of car insurance claim

When gathering such evidence for your car accident claim, it's wise to think of every detail that can support your case. The more evidence you have, the stronger your claim.

Here are the most accessible forms of evidence you can use:

Dashcam Footage

If you have a dash cam installed in your car, the footage can be invaluable in determining how the accident occurred. It can capture the actions of both drivers involved and provide objective evidence of who was at fault

Providing it to your attorney can make the difference between a good or bad settlement offer.

Local Traffic Camera Footage

Traffic cameras near the accident scene might sometimes record the incident. Your lawyer can obtain this footage through a public records request if you act before the footage is erased. It can provide an unbiased view of the accident and strengthen your case.

Police Reports

Contact the local law enforcement agency and obtain a copy of the police report filed for the accident. This report contains vital information such as the accident's date, time, and location, the parties' names, statements from witnesses, and any citations issued.

The police report can document key evidence in your claim.

Witness Statements

If there were any witnesses to the accident, gather their contact information and request written or recorded statements regarding what they saw. Witness statements can add credibility to your version of events and support your claim.

Passenger Testimonies

If you had any passengers in your vehicle at the time of the accident, their statements can provide important insights into the dynamics of the collision. Ask them to provide written or recorded statements about what they experienced during the accident.

A Record of Poor Road Conditions

If you believe that poor road conditions, such as potholes or inadequate signage, contributed to the accident, taking photos or videos of the area will provide valuable context for what happened.

You can also report the conditions to the local authority responsible for road maintenance. Poor road conditions can indicate the government entity’s negligence, strengthening your claim.

However, in many car accident cases, the injured victim cannot gather evidence. They also may not have any passengers who can assist in this regard.

Have You Suffered Injuries from a Car Accident?

Car accident injuries can result in various types of damages available in a car accident claim:

Economic Damages

  • Medical Expenses. The cost of emergency treatment, hospitalization, surgeries, medication, physical therapy, and any future medical expenses related to the accident.
  • Lost Income. Compensation for the income you have lost due to the accident, including past and future earnings.
  • Property Damage. The money you have lost repairing or replacing your vehicle and any personal property the accident damaged.

Non-Economic Damages

  • Pain and Suffering. Settlement for physical pain, emotional distress, and any decrease in your quality of life caused by the accident.
  • Emotional Distress. Recompense for the psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
  • Loss of Consortium. Compensation for the impact of the injuries on your relationships and companionship with your spouse or family members.

The damages available in your case will depend on the severity of your injuries and financial losses. A car accident attorney seeks the appropriate compensation on your behalf after assessing your situation.

Why Car Accident Injuries Are So Expensive

A man suffering back pain after car accident

Car accidents might result in serious injuries, some of which have devastating long-term after-effects. It's these injuries that cause the worst long-term financial implications:

Spinal Cord Injuries (SCI)

The spinal cord transmits messages between the brain and the rest of the body. Injuries to this vital skeletal structure can lead to partial or complete paralysis, affecting a person's motor and sensory functions.

Spinal cord injuries often require expensive medical treatment, equipment, and adaptations to one’s living space.

Traumatic Brain Injuries (TBIs)

When the head experiences a sudden impact or shock, the brain can suffer trauma and damage. TBIs can include concussions and other traumatic brain damage that results in cognitive impairment, functional loss, or even permanent disability.

Internal Organ Damage

The force of a car accident can cause internal organs to be compressed or punctured, leading to serious complications. In some cases, immediate medical intervention must prevent life-threatening conditions.

Fractures

The impact of a car accident can result in broken bones, which can require extensive medical treatment, including surgeries and physical therapy.

Emotional and Psychological Trauma

Car accidents can cause significant emotional distress and psychological trauma, such as post-traumatic stress disorder (PTSD). These injuries can affect a person's overall well-being and may require therapy or other mental health interventions.

These injuries may not be immediately apparent, and symptoms can develop over time. Medical attention can begin the timeline of your claim; consulting immediately after with a car accident attorney increases your chances of winning compensation.

Hiring a Lawyer Can Improve The Outcome of Your Case

A Lawyer working in his office and gavel on the table

In car accident claims, hiring an attorney can significantly improve the outcome of your case.

Here's why:

  • Car Accident Claims Experience. Car accident lawyers understand personal injury law and have in-depth knowledge of handling these cases, which is invaluable for those needing financial security. They understand the legal peculiarities and know how to navigate the process to your advantage.
  • Case Evaluation. A car accident lawyer will assess the details of your case, including the severity of your injuries, the evidence available, and any potential liability issues. Based on their evaluation, they can provide an accurate estimation of the value of your claim.
  • Settlement Negotiations. Insurance companies are more likely to take your claim seriously when you have legal representation. A car accident lawyer will negotiate with the insurance company, seeking a fair settlement reflecting the true value of your injuries and damages.
  • Litigation Experience. If a fair settlement cannot be reached through negotiations, a car accident lawyer has the experience and skills to take your case to court. They will advocate for your rights before a judge and jury, presenting a compelling case to secure the compensation you deserve.

Who Might Be Liable in a Car Accident?

Determining liability in a car accident is key to making a successful claim or lawsuit. Here are some parties you may hold liable in a car accident claim:

Individual Motorists

If another driver's negligence caused the accident, you may hold them liable for your injuries and damages. It can include speeding, distracted driving, drunk driving, or reckless behavior.

Company Vehicles

If the at-fault driver was operating a company vehicle at the time of the accident, you may hold both the driver and the company liable for your injuries. It may even provide an additional source of compensation for your damages.

Rideshare Companies

If the at-fault driver was working for a rideshare company such as Uber or Lyft, you may pursue a claim against both the driver and the company’s insurer. Rideshare companies often have additional insurance coverage for accidents involving their drivers.

Government Entities

If a defective road, inadequate signage, or poor road maintenance caused the accident, you may hold the government entity responsible for your injuries. Claims against government entities require a car accident lawyer who understands the unique requirements and deadlines.

Manufacturers

If the accident was caused by a defect in the vehicle, such as faulty brakes or defective tires, you may have a product liability claim against the manufacturer. Such a claim can also supplement the compensation for your injuries and damages.

Consult a car accident lawyer to assess your case and determine the parties you may hold liable.

Hiring a Lawyer Means Recovery Comes First

When you're dealing with a car accident, focus on your recovery and healing. A car accident lawyer can support you in this process by:

A car accident attorney will take care of all the legal aspects of your case, from gathering evidence to negotiating with insurance companies and, if necessary, representing you in court. Their role in your case relieves you of the burden and stress of navigating the legal landscape unsupported.

Connecting You With Medical Professionals

Car accident lawyers often have a network of medical professionals they can refer you to for treatment. They understand the types of injuries common in car accidents and can ensure that you receive proper medical care.

Monitoring Your Medical Progress

A car accident attorney will closely monitor your medical progress and gather all the necessary medical records and documentation to support your claim. These criteria include documenting the extent of your injuries, the recommended treatment plan, and any long-term or permanent effects.

Fighting For Fair Compensation

A car accident lawyer will fight tirelessly for fair compensation on your behalf. They will assess the true value of your claim, consider all your damages, and ensure that insurance companies do not take advantage of your situation.

A car accident attorney lets you focus on your recovery and protect your legal rights and interests.

Insurance Companies Find Any Excuse to Undermine You

Insurance adjuster examining car after the accident

Insurance companies are known for finding any excuse to lowball victims in car accident claims. They have adjusters and lawyers trying to minimize payouts and protect the company's profits. Evidence is like the Kryptonite to their leverage in a car accident claim.

Nevertheless, here are some tactics they may use to discourage you from pursuing your claim:

  • Disputing Liability. Insurance companies may try to shift the blame onto you or argue that you were partially at fault for the accident. By disputing liability, they can reduce the compensation they have to pay.
  • Questioning the Severity of Your Injuries. Insurance companies may question the severity of your injuries or argue that they were pre-existing. They may try to downplay the impact of the accident on your life to reduce the compensation they owe you.
  • Delaying the Claims Process. Insurance companies may intentionally delay the claims process in the hopes that you will give up or accept a lower settlement offer out of frustration. They know many victims are financially strained and may feel desperate for a quick resolution.
  • Making a Lowball Settlement Offer. Insurance companies may make a lowball settlement offer right from the start, hoping you will accept it without fully understanding the value of your claim. They may pressure you to accept a quick payout, even if it's far below what you deserve.

Call a Car Accident Lawyer Now

If you've been involved in a car accident and suffered injuries, it will do you justice to speak with a car accident lawyer as soon as possible. Furthermore, don't let the fear of legal fees stop you.

Most car accident lawyers work on a contingency fee basis, which means they only get paid if they win your case. This agreement ensures you can get the legal representation you need without any upfront costs.

Contact a personal injury lawyer near you for a free consultation to discuss your case and learn about your legal options. Don't wait. Take action today and get the help you need to face the legal process and seek the compensation your losses need.

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Why Hire an Experienced
Attorney Like Ivan Diamond

If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

footer attorney image

If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

Someone who understands the tactics insurance companies and opposing lawyers sometimes use to avoid liability and paying settlements.

Insurance adjusters, in particular, know that you’re going through a difficult time. They may try to take advantage by offering you a lowball settlement, hoping you’ll jump at quick money before you talk to a lawyer. Don’t help them out. Instead, let an experienced attorney handle the negotiations.

The same goes for preparing your claim. A skilled, knowledgeable litigator like me understands what facts and arguments are most important to prove your claim to a judge and jury, if it comes to taking a case to trial. I know how to guide my clients through depositions, discovery, and efforts by opposing lawyers to trap them into saying things that might undermine their case.

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