Personal injury law is a great tool that car accident victims can use to recover their losses and hold the negligent party accountable for their actions. It is a great way to control car accidents in the US. Car accidents have been on the rise for quite some time in the US.
So, filing a claim following a car accident is a must. However, since you are the plaintiff, you have the responsibility to prove your case. You have to prove the following things:
- Duty of care
- Breach of duty of care
- Causation
- Damages
To prove these elements of personal injury law, you will need substantial evidence. You need to get help collecting evidence in a car accident since it is not a simple task. An experienced car accident lawyer can help you do that. They can also negotiate with the insurance company and obtain fair compensation for you.
The Evidence You Need to Win a Car Accident Case
Not all evidence is useful. You need to collect the right evidence. Evidence that you can collect to prove the negligence of the at-fault party includes:
- Medical Records
- Photographs and Videos
- Eyewitnesses
- At-Fault Party Admission
- Police Reports
- Expert Witness Testimony
Medical Records
Medical records are the easiest evidence you can collect in a car accident case. All you have to do is go to a healthcare provider and treat your injuries. You have to collect these medical bills and document them. This can prove that you have sustained injuries due to the accident. In addition, these bills can also show that you have incurred financial losses.
Photographs and Videos
Photographs and videos are two basic types of evidence you can submit in court. Take pictures of the accident site and the damage to your car. This can prove that you have sustained property damage because of the accident. Take pictures and videos of your injuries, too. Also, take videos of your healing process, which can show the pain you are going through due to the car accident.
Eyewitnesses
Following a car accident, it is important to speak with eyewitnesses and collect their contact information. They have the power to change the course of a case. You may not be able to do that since you might be suffering from injuries caused by the accident. If that’s the case, ask someone else to do it for you. If no one is with you, then just leave the job to the law enforcement department.
At-Fault Party Admissions
Saying things like sorry is an admission of guilt. If the at-fault party has admitted to their negligence following the accident, you can use it in court. This is why lawyers advise victims not to say sorry to the other party. The insurance companies will use that against you and refuse compensation. This is another reason to record the aftermath of the accident. You can use the video of the other party admitting guilt to prove negligence.
Police Reports
A police report is great evidence since it directly comes from the law enforcement department. It is more credible than other types of evidence. A police report will contain information like the time and location of the accident, witness statements, testimonies of involved parties, etc. This is why filing a police report following an accident, even if it is minor, is crucial.
Expert Witness Testimony
Expert witness testimonies are statements given by experts in a particular field. For example, a doctor can act as an expert witness and provide insights on how severe the victim’s injuries are and how long it will take to fully heal. Now, the doctor doesn’t have to have witnessed the accident to know this information, but they can still offer valuable insights into the case. Witnesses like these are known as expert witnesses.
Wrapping Up
Hope this blog post sheds some light on what evidence to collect to prove negligence in a car accident case. However, if you are still confused or have queries, speak with an experienced car accident lawyer. They can help you to a great extent.
COMMENTS