What Evidence Is Important in a Car Accident Case?
The aftermath of a car accident can be overwhelming. Between injuries, car repairs, and insurance claims, piecing together what happened and seeking compensation can be a daunting process. In these situations, strong evidence can be the key to a successful car accident case.
Car accident lawsuits in Illinois follow a principle called “burden of proof.” This means the person filing the lawsuit (the plaintiff) has the responsibility to prove the other driver (the defendant) was negligent and caused their injuries or damages. Evidence plays an essential role in fulfilling the burden of proof and convincing the court or insurance company of your version of events.
Important evidence in your car accident case
There are many forms of evidence that can be used in a car accident case. Here’s a breakdown of some of the most important categories:
Police reports
The police report is often the first official record of the accident. It will typically include details like:
- Date, time, and location of the accident
- Names and contact information of all drivers and passengers involved
- Weather conditions
- Descriptions of the vehicles and any visible damage
- Witness statements (if obtained by the police)
- Citations issued (if any)
While your police report is a valuable piece of evidence, you should remember that officers may not have witnessed the accident itself. Their report is based on their observations at the scene and the statements of the people involved. This is why it’s important not to admit fault to anyone at the scene of the accident.
Photographs and videos
Pictures can be worth a thousand words, especially in car accident cases. Take photos of the following if possible:
- The damage to all vehicles involved, from multiple angles
- The accident scene, including skid marks, debris, and traffic signals
- Any visible injuries you sustained (once it’s safe to do so)
If anyone at the scene captured video footage of the accident, this can be incredibly valuable evidence.
Witness statements
Independent witnesses who saw the accident unfold can provide crucial testimony about what they observed. Their statements can help corroborate your version of events, especially if the other driver disputes fault.
Witness statements can be powerful evidence in a car accident case, but their effectiveness hinges on how effectively they’re collected. Here are some strategies to get the most out of witness testimony:
- Act quickly: Memories fade with time. Try to get statements from witnesses as soon as possible after the accident, ideally within a day or two.
- Gather contact information: At the scene, get the names and contact details of all potential witnesses, including bystanders, passengers in other vehicles, or even people in nearby shops who might have heard or seen the accident unfold.
- Record the details: Don’t rely solely on memory. Write down the witness’s account of the accident while it’s fresh in their mind.
Medical records and bills
When you are injured in an accident, your medical records and bills are essential evidence. These documents will help establish the nature and extent of your injuries, the course of treatment you received, and the associated costs.
Vehicle damage reports
A detailed report from a mechanic can document the damage to your vehicle, including the cause and estimated repair costs. This information is important for recovering compensation for car repairs.
Phone records
Cell phone records can be used to demonstrate distracted driving on the part of the other driver. If they were texting or talking on the phone around the time of the accident, this can be powerful evidence of negligence.
Traffic camera footage
Traffic cameras at intersections or along roadways may have captured footage of the accident. This footage can be very helpful in reconstructing the events and determining fault.
Expert witness testimony
In some cases, an expert witness may be necessary. These professionals can provide specialized knowledge and opinions on areas like accident reconstruction, vehicle safety, or the severity of injuries.
Employment records and pay stubs
If your injuries resulted in lost wages or diminished earning capacity, employment records and pay stubs can be used to document these losses and calculate appropriate compensation.
Social media posts
In some cases, social media posts from the other driver around the time of the accident may be relevant. For instance, a post admitting to being tired or driving under the influence could strengthen your case. Your car accident attorney can help with this.
Gathering and preserving evidence
Although our car accident attorneys can help you with collecting evidence, the sooner you begin gathering evidence after a car accident, the better. Here are some tips:
- Take pictures and videos at the scene, even if the damage appears minor.
- Get the names and contact information of any witnesses.
- Request a copy of the police report.
- Keep all medical records, bills, and receipts related to your injuries.
- Do not discuss the accident with anyone other than your lawyer and insurance company.
- Do not post about the accident on social media.
Working with a car accident attorney
Our attorneys can assist you with:
- Investigating the accident and gathering evidence
- Negotiating with insurance companies
- Filing a lawsuit if necessary
- Representing you in court
- Ensuring you receive fair compensation for your injuries and damages
Having strong evidence is critical for a successful car accident case. The different types of evidence mentioned above can all play a vital role in proving fault, establishing damages, and ultimately securing the compensation you deserve. Remember, the sooner you start gathering evidence and the more comprehensive it is, the stronger your case will be.
Here are some additional points to consider:
- Be mindful of witness statements. While witness testimony can be helpful, it’s important to remember that memories can fade over time. If possible, try to get written statements from witnesses soon after the accident.
- Maintain detailed records. Keep track of all expenses related to the accident, including medical bills, car repairs, lost wages, and transportation costs.
- Meet deadlines. Illinois has a two-year statute of limitations for filing car accident lawsuits. This means you only have two years after the accident to take legal action. Consulting with an attorney early on can help ensure you meet all deadlines and don’t miss out on your right to compensation.
By understanding the importance of evidence and taking proactive steps to gather and preserve it, you can increase your chances of a successful outcome in your car accident case. Remember, an experienced car accident attorney can be a valuable asset in navigating the legal process and advocating for your rights. At Glisson Law, we can guide you through evidence collection, explain complex legal matters, and fight to ensure you receive fair compensation for your losses. To schedule a free consultation with an experienced lawyer, call our offices or fill out our contact form. Our Alton-based car accident attorneys proudly serve Belleville, Edwardsville, Springfield, Madison, St. Clair Counties, and all of Southwestern Illinois and Missouri.