Most accident scenes are messy and likely a little chaotic, as tensions can be high and tempers flaring. But it is important to try to keep your wits about you and begin taking steps to preserve your claim, such as collecting evidence at the scene.
Not only is gathering the evidence necessary, but it is also important to keep and preserve it for when you need to present it to the liable party when demanding compensation.
Below, we discuss steps victims and attorneys can take to preserve evidence from a crash and why it is important to do so.
How Is Evidence Preserved After a Crash?
When possible, and when it is safe to do so, take pictures at the scene. This may include pictures showing:
- Damage to the vehicles involved
- Positioning of the vehicles involved
- Traffic signs, lights, signals or landmarks
- Obstructions on the roadway
- Roadway conditions
- Visibility conditions
Once you leave the scene, the vehicles could get moved around and debris could be cleaned up. Taking pictures right after the crash allows you to have a record of what the scene looked like right after the accident.
Photos may help establish which car caused the crash by the final resting positions of the vehicles involved, which would otherwise be erased by a cleanup crew. Pictures of the conditions on the road may also help determine whether the accident was weather-related or caused by low visibility, poor roadway maintenance or debris on the road. Weather changes, skies clear and debris can be picked up, but photos should help preserve what things looked like at the time of the crash.
When photos are not an option, whether that be because you were knocked unconscious or were otherwise unable to take pictures, the police report from responding officers may also help preserve these things.
Most police reports mention visibility conditions, where vehicles came to a final rest and where the damage occurred. But police reports may also go further than your pictures do, as police officers may also document conversations with witnesses and people involved in the crash. If impairment, speed or some other violation of the law occurred, the police officer should include this information in his or her report as evidence.
How Does Preserving Evidence Help My Case?
When you file a claim for compensation after an accident, you need to establish that your damages were a result of the negligent actions of the liability insurance company’s insured driver.
This means that you must provide evidence showing that a driver acted negligently and caused a crash, and this crash directly resulted in your damages. Evidence such as a police report, pictures of the damage to your vehicle and medical records attributing your injuries to the accident would strongly benefit your case for compensation.
The insurance company’s investigation will likely take time, so having the evidence to prove negligence long after the accident is vital, as you may need to make it available during the discovery process of a case if a lawsuit is filed. If the case goes to trial, you will also need to show the evidence to a jury.
Let Us Help. Call Today
If you were injured in an accident caused by someone else, you need to prove that person acted negligently by providing evidence.
Our car crash attorneys in South Bend are prepared to help you gather and preserve the evidence necessary to help you build a strong case for maximum compensation.
We offer a free consultation to discuss your claim and see what legal options may be available to you.
Call (574) 444-0741 to learn more.
