Importance of Preserving Evidence in Car Accident Cases
Negligence in car accidents can be difficult to prove. And proving negligence becomes all the more important if you are filing for damages. The court may ask for evidence to prove that the other driver was at fault in the accident, resulting in your injuries or losses. Not having proper evidence can derail your entire case, and you cannot get anything in compensation. This is where preserving any evidence from the day becomes important.
Proof of accidents can be of different types. From pictures of the accident site and eyewitness accounts to medical and repair bills, police records, and proof of lost income. Any of this evidence can come in handy during your case and can help you get the justice you deserve. Let us take a look at why it is important to preserve any evidence after a car accident and what kind of evidence can be preserved.
Why Is It Important to Preserve Evidence After a Car Accident?
A car accident victim is usually entitled to economic damage, like lost wages, medical bills, and vehicle or property repairs from the other party's insurance company. Besides this, the victim can also claim for non-economic damages like pain or suffering. But, before the victim is given any kind of compensation after a car accident, he/she must prove that the other party was actually responsible for that accident. He/she should be able to prove that the defendant's negligence caused the accident. The defendant in a car accident case can be either the driver or the manufacturer of the car. Any proof or record kept by the victim can prove the negligence and turn the case in his/her favor. That is why it is important that the victim takes legal measures to preserve these proofs and records and ensure they are not destroyed before they are reviewed.
What Kind Of Evidence Should An Accident Victim Preserve?
There are many different kinds of evidence that you can collect and preserve after a car accident. These are some of the common types of evidence that you must preserve after a car accident:
Maintenance Records - If a defect in the vehicle caused the accident, then any vehicle maintenance records can help prove this defect. Individuals should preserve these maintenance documents as they may be required to prove the manufacturer's fault in the case.
Medical Records - Medical records are extremely useful to prove the physical damage caused to any person by accident. Sometimes, they can also be useful in proving that the defendant may have been under medications that may have caused the accident.
Mobile Phone Records - Texting while driving is an offense in most states. A lot of states have also banned the use of handheld devices while driving. Having mobile phone records can prove whether the driver was texting or talking on the phone at the time of the accident or not. If the records show that the driver was using the phone and that led to the accident, then this can become the grounds for a distracted driving claim.
Logbooks - Log books come into the picture if the defendant is a truck driver. The logbooks can help prove how long the driver was behind the wheel before the accident. There are federal regulations about how long a truck driver should drive and when he/she should take a break. The information in the logbook can help determine whether the truck driver violated any of the federal regulations. If this can be proved, then you can file a case for a fatigued driver negligence claim.
911 Calls - While all 911 calls are recorded, they get taped over after a certain amount of time. But a 911 call recording can show what was happening before, at the time, and after the accident. That is why it becomes crucial to keep a copy of the 911 call recording to present it in court.
Photographs and Videos - Photographs taken at the accident scene are another important piece of evidence that can help steer the case in any direction. Preserving these photographs and presenting them in court can help you win your car accident case.
Police Reports - Most car accidents need to be reported to the police to file an insurance claim. You should check with the responding officer how and when you can get access to this report. The report can have vital evidence about how the accident was caused and can be useful during the case.
Proof of Lost Income - If the accident victim was seriously injured, then he/she may have to miss work. This can lead to a loss in wages. Preserving this proof of lost income can help claim damages in court.
Eye Witness Accounts - Sometimes, there could be people around the area where the car accident took place. You must speak to these eyewitnesses and ensure you record all of their statements. These accounts may be required in a court of law. These eyewitness accounts can help to prove your claims and get justice.
What evidence you preserve after a car accident and how you preserve it can make or break your car accident case. There is no knowing what the judge may ask to prove that the other party's negligence caused the accident. You are often so shaken up from the accident that you may not even think about what needs to be preserved and how you can preserve it. This is where hiring a good El Monte accident lawyer can be of great help. The lawyer will work with you on the case, advise you of your legal rights and duties, and will ensure all evidence related to the accident is collected and preserved in the right way. If you are looking for a good car accident lawyer in El Monte, contact The JLF Firm. Our highly-experienced car accident lawyer will work with you on the case and ensure you get the compensation you deserve.
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