If you have been in a car wreck, the evidence you capture — or don’t capture — can help or hurt your case. In Alabama, this matters because of the state’s contributory negligence standard. That means, if a jury in Alabama finds you even 1% at fault for the crash – it will prevent you from recovering any money, no matter how seriously hurt you are. Because of this, strong well-documented evidence is very important from day one.
Mastando & Artrip’s personal injury attorneys help clients across North Alabama protect their rights and build persuasive claims for car wreck cases. Here’s a more detailed list of the most relevant types of evidence to collect after a car wreck.
- Photos and /or Video from the Scene
Photos and video tell the story better than words in most cases. If you are in a position of safety, take pictures of the following:
1) Damage to all vehicles
2) The whole accident scene
3) Road conditions (i.e., rain, snow, skid marks and debris)
4) Any road signs or traffic signals
5) Any injuries
Also, nearby security cameras or dash camera footage can be evidence and help confirm your version of the accident. Video of the accident taking place is incredibly helpful when proving fault.
- Police Crash Report
You should always call the police after a car wreck – even if you think it is minor. The police officer responding to the car accident will file an official report of the crash that contains:
* The time, date, and location of the incident.
* Statements from all drivers, passengers, witnesses, and any other party involved in the crash.
* Observations pertaining to the damage of involved motor vehicles and reported injuries of parties involved.
* Automobile insurance policy information.
* Any citations given or violations the officer suspected occurred.
While a police crash report does not definitively prove liability (who’s at fault for the wreck), it can often have significant weight when it comes to negotiating insurance claims or involving the courts.
- Medical Records
It is important that regardless of how you feel after the car accident, you get medical attention as soon as possible. Not all injuries display symptoms at the time of the incident, and delaying treatment can be detrimental to both your health and claim.
You should retain the documentation related to:
* Your emergency room visit.
* A doctor’s diagnosis and treatment plan.
* Any x-rays, MRIs, or other scans.
* Any prescribed medicines and follow-up care.
* All bills and expenses incurred for treatment.
It is important to follow your doctor’s instructions – for things like follow-up care, any physical restrictions, or at-home therapy.
All of these will form your medical narrative, which will create a bridge linking the event to your sustained injuries — one of the most critical aspects of establishing damages.
- Witness and Witness Statements
If a bystander witnessed the incident, get their name and phone number. Witnesses can help verify your account of the crash and provide an objective story of the crash. The sooner a witness gives a statement about what they saw, the more reliable those statements tend to be. Witnesses and their statements tend to be very persuasive to juries because witnesses are viewed as unbiased observers of what happened.
- Vehicle and Scene Evidence
Physical evidence left at the scene of the crash, such as broken glass, tire marks, and pieces from the car, can help tell a story about what happened. Note the following elements when possible:
* Skid marks indicating braking or evasive action.
* Resting positions of each vehicle at the conclusion of the crash.
* Damage to surrounding structures (guardrails, highway signs, etc).
While some of this evidence may deteriorate or disappear quickly, documenting this evidence after the crash is essential to demonstrate what happened at the time of the crash.
- Electronic/Digital Evidence
Newer cars are now equipped with Event Data Recorders (EDRs) which are designed to collect data from a vehicle and potentially aid in accident reconstruction. The EDR collects information like:
* Speed at impact.
* Any braking that occurred.
* Airbags indicated deployment in a car accident.
* Seatbelt usage.
Cell phone records and apps can sometimes demonstrate whether distracted driving was a factor. All types of electronic evidence can prove useful in establishing evidence in support of your claims.
- Expert Testimony
If your case requires, we team up with accident reconstructionists, medical doctors, specialists, and vocational experts to support your case. Expert analysis can assist in clarifying fault, bodily injuries, and future impacts on daily life.
Don’t Leave Your Case to Chance
Despite the chaos of an auto collision, securing the right evidence could make your life easier down the road. The attorneys at Mastando & Artrip are here to help you gather the necessary documentation, build a strong legal case, and to pursue appropriate compensation on your behalf.
Call or contact us for an appointment today. Our experienced staff will help you navigate each step of the claim process while you focus on recovering.
