What types of evidence are used in a car accident case?
If you’ve just been involved in a serious car accident, many thoughts may be racing through your mind, and collecting evidence may not be one of them. However, if you are uninjured and able, having the forethought to collect evidence at the site of your accident may well serve you later if you decide you need to pursue legal action against the at-fault party.
If you or a loved one have been in a serious car accident in Tampa and are considering bringing a legal case against the at-fault driver, contact the experienced car accident attorneys at Darrigo & Diaz. The attorneys at Darrigo & Diaz have decades of combined experience representing car accident victims and are available 24/7 to discuss your case with you.
The Burden of Proof and Your Case
If you decide to pursue a legal case against the at-fault driver of your car accident, you will be responsible for what is known as the “burden of proof.” The burden of proof means that you, as the claimant/plaintiff in the case, are responsible for proving that the other driver is to blame for your accident.
In trying to meet the burden of proof, you will need to have evidence that supports:
- Your version of how the accident occurred
- Claims of lost wages
- Claims of medical costs related to physical injuries suffered as a result of the accident
The more evidence you are able to gather at the scene of the accident, the stronger your case will be. With cell phones as prevalent as they are, it is easier than ever to gather evidence at the time and scene of the accident. Photos, recorded interviews with witnesses, and videos are all great ways to document the scene of the accident. Having these pieces of evidence may end up being crucial to proving your case and can be a meaningful tool to helping you remember details of your accident.
Trying to gather and organize all the evidence after a serious car accident can be stressful. If you choose to hire a car accident attorney, they will be able to help you collect evidence that may not have been able to procure. They can interview witnesses, contact doctors and gather medical documents, hire experts, and talk to the police. Contact an experienced car accident attorney today so they can help you build your case while you can focus your attention on recovering and moving on from the accident.
Types of Evidence in Car Accident Cases
Evidence collected at a car accident scene can range from talking with relevant parties to hiring experts to help reconstruct how the accident took place. Here is a closer look at different types of evidence you may need to have in order to prove your case:
It is important to collect driver statements. If you are in a situation in which the other driver admits fault, it is imperative that those words are recorded somewhere, either digitally or through a police report. Otherwise, if the driver admits fault at the scene but then later recants their statement, there is no proof they ever admitted to causing the accident. If the wreck was serious enough to cause injuries, it is Florida law that the police must be called. If a driver admits fault, ensuring that it is recorded in the police report is the best way to make certain that statement makes it to court.
Statements of Witnesses
If there were other people who saw the car accident occur, their statements can be useful for your case, as well. The police who are investigating the accident will interview the witnesses, but it can be helpful to have your own account recorded on video or via a written statement. Any interviews with police will later be included in the police report. However, you should at very least obtain the contact information of any witnesses in case their statements may be needed for a deposition or as part of claims documentation. Depending on where the accident took place, there may be a separate Federal Highway Investigation, which would include witness statements, as well.
Photographs and Videos
One of the most powerful ways that you can build your case is by taking pictures and videos of the accident scene. Not only can photos and videos help by documenting the scene, they can also provide context about the accident. They can show the conditions of the roads at the time of the wreck and provide clues as to what happened, such as showing skid marks on the road. They can also provide helpful landmarks to show exactly where the accident took place. Ideally, the photos will provide both an overview of the accident scene as well as a clear depiction of what vehicles struck where.
Additionally, you can document both the damage to the vehicles as well as any physical damage that you may have incurred as a result of the accident. The more evidence you have of the damage, the better.
If you hire an attorney, one way they may help to strengthen your case is to hire an expert witness to submit an interrogatory. An expert witness in your case, like an accident reconstruction specialist, can work to determine exactly how the accident occurred using scientific methods and will be able to provide information on behalf of your case.
Your attorney may also want to have a medical expert submit evidentiary statements on your behalf during your claim or trial. The medical expert will be able to speak to how extensive your injuries were and how long they may continue to impact the quality of life. A medical expert will most likely also be able to testify about the cost of your medical care and any additional costs you may expect to incur in the future as a result of your injuries from the accident.
Medical Records and Receipts
If you have been injured in an accident, it is important to retain every medical bill you receive. These bills may be from doctor’s visits, hospital stays, pharmacy bills, or any other type of expense you’ve incurred as a result of the accident.
These are especially important because if you are successful in your case, a major part of the settlement offer will be based on your medical expenses.
Contact an Experienced Car Accident Attorney in Tampa
Being in a serious car accident is stressful, but receiving the care and compensation that you need shouldn’t be. While our experienced attorneys can’t take away all of the stress of trying to recoup your expenses, we can do a lot to lighten your load. While you are busy concentrating on recovery, our attorneys will be working hard for you, gathering evidence, and building your case.
If you or a loved one has been seriously injured in a car accident, contact the law offices of Darrigo & Diaz for your complimentary consultation. With over 75 years of combined experience, we want to give you the best chance at a favorable outcome in your case. Whether you choose to call us at 813-774-3341 or contact us online, we are available 24/7 and will listen to your case and give you individualized advice about how to best move forward, free of charge. Let us fight for you to get the compensation you need to get your life back on track!