What Kind of Evidence Do You Need to Prove Someone Caused Your Accident?

No matter how badly you were hurt in an accident, you can’t recover compensation without the proper evidence. Even if you suffered catastrophic injuries like damage to your spinal cord that left you paralyzed or burns on your face that left you permanently disfigured, if you don’t have the evidence necessary to prove that someone is liable for those injuries, then it may be impossible to receive a single dime to cover the cost of your medical bills or offset a lifetime of pain and suffering.

While it may not seem fair, any Tallahassee accident lawyer will tell you that you need to be able to prove negligence or some other wrongdoing in order to recover damages for your losses in an accident. The good news is that when you work with the right accident attorney, your legal team will help in the process of collecting and preserving vital evidence to build your case for maximum compensation. But the more evidence you have, the better, so it is a good idea for anyone who has been in an accident to start taking steps to gather evidence as soon as possible, starting at the accident scene.

Thinking About Causation

To know what evidence would be most helpful in your case, you need to consider the type of accident and the factors that could have caused it. For example,

• A car accident could have been caused by a driver running a red light
• A tractor-trailer accident could have been caused by someone loading the trailer improperly, causing it to tip
• A motorcycle accident could have been caused by an aggressive driver who changed lanes without giving the biker space
• A slip and fall accident could have been caused by loose flooring in a store that an employee did not secure properly

Sometimes you may have a good idea of what caused the accident, but other times you may have no clue. An experienced Tallahassee accident lawyer may have some theories after working so closely on causation issues in so many cases.

For instance, if it was a rear-end collision, the attorney may theorize that the vehicle behind was tailgating or that the driver was distracted by a cell phone or other device because these factors are frequently part of the cause leading to rear-end collisions. Footage from traffic cameras along the route might provide evidence of tailgating, so the attorney could subpoena to obtain footage and preserve it. Or records from the cell phone provider might prove that the device was in use at the time of the accident, so the attorney could work to get those records. Thinking about potential causes can lead to ideas about the types of evidence that could help your claim.

Use Your Phone to Collect Evidence

Your cellphone can be an incredibly helpful tool for gathering and preserving evidence after an accident. If you can take photos of the accident scene right after the accident, those images can help accident reconstruction experts assess what happened in the moments before and during the collision. Even if you didn’t take photos at the time, returning to the scene as quickly as possible can allow you to capture images of evidence left by the accident, such as skid marks and broken glass. You can also get pictures of signs and objects that might have obstructed visibility or caused the ground to be slick or otherwise dangerous.

It is also helpful to take pictures of witnesses to the accident, as well as your injuries.

In addition to taking photos, you can use your phone to take video recordings of the accident scene and to record yourself or others recounting what you remember about the time leading up to the accident and during the accident. Memories recorded at the time are more valuable than your later recollections.

Keep a Journal of Your Condition After the Accident

Most accident claims are disputed by insurance companies, which are very good at deflecting liability. But insurance companies also fight claims by minimizing or denying the existence of injuries. One way you can help ensure that your Tallahassee accident lawyer is able to get compensation for each and every consequence of your injuries is to keep a detailed, ongoing journal about your injuries and the effects they have had on your life. 

Write down when you’re in pain and what it feels like. Keep a note of the things you can’t do because of pain or limited mobility. Take note of the times you need to ask for assistance with tasks you used to be able to do on your own. Write down how you feel—are you depressed about the changes? Do you have trouble sleeping out of worry or wake up in a cold sweat, reliving the accident over and over? Are you afraid to drive? Do you feel that you look or act so differently that you’re afraid to go out? Keeping a journal with you at all times is a good way to record these impressions. You can also record your thoughts on your phone and have them transcribed to create a written record.

Don’t Forget Official Records

Another crucial set of evidence comes from official records. This includes police reports and other accident reports. It also includes medical records. To have a full and persuasive set of medical records, you need to ensure that you see the doctor for a thorough exam after the accident, return to the doctor if your symptoms worsen, and follow all instructions carefully, including returning for follow-up visits.

A Caring Accident Lawyer Will Help You Collect the Evidence You Need to Prove Liability

The type of evidence you need will differ depending on the circumstances surrounding your accident. While it’s always a good idea to take photos and record your observations, there are often many other steps that can secure the best evidence to support your claim for maximum compensation.

If you or a loved one has been injured in an accident, a dedicated Tallahassee accident lawyer at Searcy Denney can work with you to develop the best evidence to support your claim for damages. For a free consultation and case evaluation to learn what may be possible in your case, call us at 888-549-7011 or contact us online now.