As the plaintiff in a personal injury case, you have the burden of proving that the accident was caused by the other driver’s negligent actions and the damages that you sustained. Evidence goes a long way in meeting this high burden.
Some of the most common and effective evidence in car accident cases includes the following:
Police Reports
It is crucial that you report the accident to law enforcement immediately. This helps ensure that you receive assistance from emergency medical services and that a law enforcement officer can respond to the crash scene to complete an accident report.
Accident reports can contain valuable information about the accident, including:
- The date and time of the accident
- The exact location of the car crash
- The names of the other drivers involved in the accident and their insurance information
- Information about any witnesses who talked to law enforcement
- The direction the vehicles were traveling at the time of the accident
- Road and weather conditions
Of particular interest is the officer’s initial findings about fault. Pennsylvania uses a fault-based system in which the at-fault party is responsible for the damages they cause (though the actual damages they pay are largely determined by whether the accident victim has full or limited tort insurance). The accident report may indicate how the other driver violated their duty of care or traffic violations they were issued.
Police may also take photos or videos of the accident scene, which can be helpful if the accident victim has sustained a serious injury that prevents them from being able to do this on their own.
Ask the police officer who responds to the scene how you go about getting a copy of the report.
Evidence from the Accident Scene
Car accident scenes may be cleaned up quickly, so it’s best to try to preserve evidence at the accident scene, if possible. For example, physical evidence like skid marks or the lack thereof can help show when or if the other driver stopped or braked suddenly. Debris on the roadway could help indicate how the crash occurred and its severity or factors that contributed to it.
If possible, use your cell phone to take pictures of this physical evidence at the accident scene. If possible, photographic evidence should include:
- The location of the vehicles
- Traffic signals and traffic signs near the scene and relevant to the crash
- Damaged property
- Your injuries
- Close-up and wide shots of the accident scene and damage
Provide your accident scene photos to your lawyer.
Black Box Data
Most modern-day vehicles have event data recorders installed in them that resemble the black boxes in commercial airplanes. This stored digital evidence can be extremely useful in negligence actions as it can record information such as:
- Vehicle speed and motion, including deceleration and acceleration
- Brake usage
- Steering angle
- Throttle percentage
- Activation of the anti-lock braking system
- Airbag deployment times
- Changes in velocity, ignition cycles, and engine RPM, indicating a crash
You may be able to extract this information from your own vehicle, and your personal injury attorney can seek this information from the other driver’s vehicle through the discovery process.
Dashcam Footage
Many vehicles have dashboard cameras that come with the vehicle at purchase or separate dash cams that vehicle owners purchase after market. These dash cams could capture the events leading up to the accident and the point of impact itself.
Other Video Evidence
Since things are constantly being recorded, it’s possible that your accident was, too. An experienced attorney can try to locate other video footage relevant to your case, such as traffic camera footage or footage from surveillance videos located near the accident scene.
Vehicle Damage
The damage to your vehicle and other involved vehicles can help show the point and intensity of impact.
Accident Reconstruction Reports
Accident reconstruction is a scientific process that uses physical evidence and other metrics to create visual representations that show how the accident occurred. Accident reconstructionists are forensic specialists who use objective data, such as the damage to vehicles, information obtained through the vehicles’ event data recorders, and physical evidence to create expert reconstructions. These representations can help convince insurance companies, judges, and juries that the other driver was responsible for the accident.
Statements from the Parties
The law enforcement officer likely asked you and the other driver for your version of events. This information could be preserved in accident reports.
Your car accident lawyer might suggest that you write down everything that you remember about the accident as soon as possible while your memory is fresh.
Because insurance companies often troll accident victims, avoid making social media posts about the accident, and keep your communications about it confidential by only discussing it with your lawyer.
Witness Statements
Eyewitness testimony can be critical in a car accident case. Witness testimony is held in high regard because it is objective in nature. People who have no stake in your personal injury claim have no reason to lie, so insurance adjusters and juries may be more apt to believe them.
Medical Records
Your own medical records can serve as a critical piece of evidence to support your car accident claim. They help link the car crash and your injuries, indicate expenses you incurred because of it, and project the future impacts of the crash on your life.
Keep all medical evidence, such as:
- Emergency room reports
- Diagnostic test results
- Medical imaging reports
- Medical reports
- Doctor’s notes
- Medical bills
- Information about all medical treatments you received
- Physical therapy records
Sometimes, personal injury lawyers will hire expert witnesses who can explain how the accident caused particular injuries and the victim’s prognosis. This expert testimony can help establish your current and future damages.
If you file a car accident lawsuit against the at-fault party, it may also be able to get medical records from them that could help indicate the cause of the accident. For example, if you suspect that the accident was caused by a drunk driver, you may be able to request toxicology reports or lab testing from the police department.
Vehicle Maintenance Records
Some accidents are caused because a vehicle involved in them was not properly maintained. Accidents can happen because:
- Tires blow out.
- Brake systems fail.
- Suspension issues caused steering problems.
- The other vehicle did not have working taillights.
Evidence Obtained Through Discovery
Discovery is the formal process of exchanging information in preparation for litigation. Your attorney and defense attorneys exchange information, including that obtained through interrogatories, requests for production of documents, depositions, and subpoenas.
Interrogatories are written questions that the person being questioned must answer under oath. Requests for production of documents ask a party in a lawsuit to provide copies or access to certain information, such as medical records, insurance policies, or driving history records. Subpoenas request that a third party provide information about a case, such as cell phone records, which could indicate that the at-fault driver was texting when the crash occurred. Depositions are recorded interviews of parties or witnesses that can provide a preview of what they would say if they testified in court.
Your personal injury lawyer can help identify and gather crucial information about the car accident during this legal process.
Evidence of Damages
One of the cornerstones of a successful personal injury lawsuit is being able to prove your damages. Damages are the losses that you suffer because of the incident. In car accident cases, these damages generally fall under these two categories:
Economic Damages
Economic damages are the actual economic losses that you suffered because of the accident or are likely to suffer because of it. Common economic damages that follow a car accident and the evidence that can help prove them include:
- Medical expenses: Medical bills for expenses you incurred at the time of the accident and ongoing medical care, including ambulance charges, emergency room charges, hospital bills, medical test receipts, receipts for doctor’s bills, prescription medications, and over-the-counter supplies, and statements from medical experts regarding your future medical expenses
- Property damage: Estimates from body shops regarding the cost to repair your vehicle, receipts that show recent improvements you made to the vehicle, such as repairs or new tires, the Blue Book value of your vehicle if it is considered totaled, and receipts for other items damaged in the accident
- Lost income: Pay stubs that detail your lost wages accrued due to seeking medical treatment or recovering from your injuries, statements from your employer or accounting department that show your lost benefits, and statements from economic expert witnesses regarding your projected lost future earnings
- Out-of-pocket expenses: Receipts for rideshares, rental vehicles, public transportation, and transportation expenses to and from medical appointments
Non-Economic Damages
Non-economic or general damages refer to the more subjective losses accident victims experience, such as pain and suffering, inconvenience, or emotional distress. These damages are notably more difficult to quantify because they don’t have a specific dollars-and-cents value to them. Juries are often instructed to use their own life experience and opinions about how similar effects would be valued in their own lives.
Your personal injury lawyer might suggest that you keep a detailed journal in which you chronicle your daily pain, suffering, and challenges caused by the accident. This step can help humanize your case, turning it from a simple insurance claim into a real human experience. Each entry that you make in your daily journal should include:
- The date of the entry
- Details on your pain, including the intensity on a scale of 1 to 10
- The difficulties you experienced that day because of the accident and its after effects
- Detailed information about your suffering, such as not being able to pick up your child due to your injuries or feeling depressed because you are now permanently disabled and can’t enjoy life the same way that you used to
Your pain journal can also list your medical appointments, therapy sessions, and results from them, keeping a valuable log contemporaneously with your life.
Expert Witness Testimony
Sometimes, you might not have the evidence that you need to win your case or to maximize your financial recovery. You may need an expert witness who has specialized knowledge in a particular field who can speak for you. Your personal injury attorney can help obtain expert witness statements in appropriate situations, such as from:
- Medical experts who explain the long-term implications of your injuries, your need for additional medical procedures, and the impact of the accident and your injuries on your quality of life
- Economic experts who explain the long-term financial impact of the accident and injuries on your life
- Vocational experts who review your occupation, work history, education, job skills, record of promotions, and earnings to testify about how the injuries affect your long-term earning potential
- Accident reconstruction specialists who analyze skid marks, vehicle damage, and other evidence to determine how the crash happened
Lay Witness Testimony
Sometimes, your lawyer might call friends, family members, or coworkers to testify about how you and your life have changed after the accident. They may be able to provide a clearer picture of your emotional distress, daily struggles, and social isolation.
Contact Cousin Benny Personal Injury for Help with Evidence in Your Personal Injury Case
Identifying, gathering, preserving, and presenting evidence in a personal injury case is a complicated matter. Personal injury lawyers must follow specific Rules of Evidence regarding how they collect this information and show that it is reliable before they can present it in court. A mistake can prevent this evidence from being presented in court, thereby damaging your claim.
If you need help with your insurance claim or filing a personal injury lawsuit where car accident evidence is necessary, reach out to an experienced lawyer for help. Cousin Benny Personal Injury can help with evidence collection. We know how to present evidence in a compelling way to fight for the maximum compensation our clients deserve. Contact us today to request a free consultation.