What Is Considered Essential Evidence in a Car Accident Claim?
A car accident claim is a civil liability lawsuit, not a criminal case. It is a means for a victim to become whole again after negligence causes a car accident. Before you can recover compensation as an injured victim, however, you or your car accident attorney must prove the defendant’s fault based on a preponderance of the evidence. This burden of proof requires clear and convincing evidence that establishes the defendant’s liability as more likely to be true than not true. Knowing what evidence is essential after a car accident could help you build a stronger claim to damages in Kansas City.
Photographs and Video Footage
Photographic evidence is critical during a car accident case. It can show the details of a car accident and crash scene as they were on the date of the accident. If you can, take photos using a cellphone or camera of the scene of the car accident from various angles. Capture anything relevant to the crash, such as skid marks on the pavement, an obscured road sign or food wrappers in the other driver’s cab. Take videos while at the scene as well. If you are too badly injured to take photographs yourself, trust a friend or family member to do so for you or return to the scene of the car accident as soon as you can after receiving medical care.
An insurance company will be looking for official records documenting your car accident while it evaluates your claim. Do what you can to create these records by calling the police from the scene of the crash. Evidence from a police report could prove the other driver’s fault, such as police testimony that the other driver was intoxicated. A police report can also preserve evidence from the scene, such as official photographs, eyewitness statements, moving violations and the officer’s opinion of who caused the crash.
Another essential type of evidence during a car accident case in Kansas City is a claimant’s medical records. If you are claiming damages for a personal injury, you will need to support that injury with official medical documentation. Go to a hospital in Kansas City immediately after a car accident – even if you think you aren’t injured. Request copies of all medical tests and paperwork, including your official diagnosis and treatment plan. Submit this information to the insurance company with your Proof of Loss Form without delay.
Evidence of Damages
An auto insurance company will also want to see evidence backing up a claim to other losses, such as property damages or emotional distress. You can prove these damages with evidence such as pictures, estimates from auto mechanics, police reports, witness testimony and pay stubs. In general, you will need evidence supporting any type of economic or noneconomic damages you are seeking during an insurance claim.
Having witnesses speak on your behalf could help you win your car accident case. There are two types of witnesses you can bring in: eyewitnesses and experts. An eyewitness saw your car accident and may have information about how it happened or who is to blame. An expert witness will have special knowledge about a topic relevant to your claim, such as a crash reconstructionist or doctor. It can be important to use both types of witnesses during the average car accident case.
Do You Need Help From a Car Accident Attorney?
Evidence is a critical part of your car accident claim. Without sufficient evidence of the other driver’s fault, you may not be able to recover financial compensation for your injuries or damages. A Kansas City car accident attorney could help you preserve and collect essential evidence during your case. Your lawyer can interview eyewitnesses, return to the scene of the car accident, hire witnesses and subpoena cellphone records on your behalf. Then, your lawyer can present the evidence in a way that is convincing to a judge or jury. Contact a car accident lawyer as soon as possible after a car accident for assistance with evidence.