Car accidents sometimes result from another driver’s negligent actions. In the event that this causes an injury, you’ll need to be able to provide evidence that the responsible party’s negligence caused material damages to you. Here, we’ll discuss the evidence commonly used in car accident personal injury cases.
Burden of Proof in Car Accident Cases
In the event that your car accident case goes to court, the burden of proof will be on you as the plaintiff. That means it’s your responsibility—and that of your attorney—to furnish the evidence needed to prove that the defendant (the person you are suing) was responsible for your injury.
It’s true that most cases don’t make it to court, of course, but your claim will have much more weight if you could make a viable case at trial. As such, it’s important to have all necessary evidence on hand, even when settling.
Proving Fault in a Car Accident
To prove fault in a car accident, the following pieces of evidence may be helpful.
Police reports can provide a number of important details about your accident, such as the time of the accident, the names and contact information of witnesses, weather conditions, and so forth. While they aren’t typically admissible as evidence in court, they can help you track down witnesses while bolstering your position during settlement negotiations.
Eyewitnesses to your accident can provide added details about how it occurred and who was at fault. A deposition—or out-of-court testimony—from witnesses can help you during settlement discussions, and potentially strengthen your position in court.
Getting other drivers’ information—including employer information if they were driving a company vehicle—can help you collect eyewitness accounts and determine who was responsible.
Photos of the Crash Site
Photographic evidence from the site of the accident can help establish important facts about the incident and your injuries. Road conditions, the positioning of vehicles, the damage done, and so forth can all be determined from a good series of pictures.
Establishing fault is important, but so too is proving that you suffered actual damages as a result of the incident. The following evidence can help to establish that.
Among the first things you should do after an accident is seek medical attention, even if your injuries seem minor. The records created by your doctor can be invaluable when calculating medical costs.
Vehicle Repair Records
In like manner, any records pertaining to vehicle repair costs resulting from the accident should also be taken into account.
Pay Stubs and Wage Information
If you had to take time off work due to your accident, pay stubs and other wage information can establish lost income as part of your personal injury claim.
Finally, your own records—such as a journal and schedule information—can further establish damages, including pain and suffering.
Winning a Car Accident Case
To achieve a favorable settlement or win a car accident court case, you’ll need to have as much evidence on your side as possible. In addition, a skilled personal injury attorney is vital to your success as well. If you’ve been injured in a vehicle accident caused by another driver’s negligence, contact Hart David Carson LLP today for a consultation.