How Evidence Impacts Car Accident Lawsuits

Looking to win your car accident lawsuit and recover max compensation?

The only thing that matters is evidence.

Cases get thrown out of court without it. The right evidence turns rejected claims into six figure settlements. The wrong approach costs you thousands.

Car accidents occur all over the United States every year. Millions of victims never get the compensation they deserve simply because they didn’t collect the right evidence. This is a problem we see on a daily basis as car accident lawyers.

The good news?

Building the perfect evidence file is easier than you might expect. Whether you’re seeking lawsuit help for a minor fender bender or major collision, understanding what evidence to collect and how it affects your case is one of the most important things you can do to improve your odds. This goes for all vehicle accident claims, including injuries you sustain on foot which require a pedestrian accident attorney to prove the other driver is at fault.

Read this guide to learn the following…

• Why Evidence Is More Important Than You Realize
• The Most Powerful Evidence in Car Accident Claims
• How to Collect the Right Evidence After a Crash
• Common Mistakes that Destroy Car Accident Cases

Why Evidence Is More Important Than You Realize

Evidence is the foundation of every successful car accident lawsuit.

Think about it this way…

Insurance companies and defense lawyers will do everything they can to pay you as little as possible, and nothing at all if they can get away with it. They have armies of adjusters and experts working for them. Your only defense is hard evidence.

The right evidence:

• Proves fault
• Documents your injuries
• Establishes the damages
• Strengthens your position during negotiations

Without evidence, your claim is just someone’s word against someone else’s. And guess who wins those battles?

The insurance company with the biggest lawyers.

Should be pretty clear why evidence is important, right?

The Most Powerful Evidence in Car Accident Cases

Car accident lawyers know which evidence carries the most weight in court. Let’s break down the heavy hitters…

Police Reports

The official police report from your accident is the single most important evidence in every claim.

Police document the scene, interview witnesses, and sometimes issue citations or fault determinations at the scene. Their third-party records carry significant weight with insurance adjusters and judges.

Always request a copy of the police report within a few days of your collision.

Medical Records

Your medical records are proof of your injuries.

These include emergency room visits, diagnostic tests, treatment plans, and ongoing therapy notes. It’s important to seek medical attention immediately after your accident to create a paper trail connecting your injuries to the crash.

Insurance companies love to argue your injuries were pre-existing or weren’t serious if there’s a delay.

Photos and Videos

Visual evidence is the next most powerful thing after police reports and medical records.

Pictures of vehicle damage, road conditions, your injuries, and the scene of the accident in general. Videos or dashcam footage can also seal the deal in many cases, especially when it comes to proving fault.

Document everything you see with your own eyes at the scene.

Witness Statements

Witnesses who weren’t involved in the collision add credibility to your claim.

Independent third party witnesses help establish the facts of your case. Insurance companies take witness statements seriously.

Collect the names and phone numbers of anyone who saw the accident and talk to them as soon as possible while the event is still fresh in their minds.

Expert Testimony

Experts play a role in many car accident claims.

Accident reconstruction specialists and medical experts can help your case in court. They’re hired to explain complex details to a jury in technical cases.

Experts can establish the cause of a collision, prove injury severity, and even calculate the true cost of your damages.

How to Collect the Right Evidence After a Crash

Timing is everything when it comes to collecting evidence.

The most important evidence disappears in the moments after an accident. Injuries get covered up. Witnesses disappear. Physical evidence is lost forever. So what do you do immediately following a crash to ensure you have the best chance at success…

At the Scene

• Call 911 and wait for the police to arrive
• Take photos of all vehicles involved
• Document road conditions and weather
• Gather witness names and contact information
• Avoid admitting fault or apologizing

Days and Weeks Following

• Visit the doctor right away, even if you feel okay
• Request the official police report
• Keep all medical bills and receipts
• Start a journal to document pain and suffering
• Consult with experienced car accident attorneys for guidance

Statistically speaking, this also holds true. The sooner you contact an attorney, the better the chances are of connecting with all the important evidence needed to move your claim forward. ConsumerShield noted this is the case.

Moving quickly matters more than you might think.

Common Mistakes That Kill Car Accident Cases

There are many common mistakes that destroy even the strongest car accident claims.

Let’s make sure you don’t make these critical errors after your accident…

Waiting Too Long

Statutes of limitations create hard deadlines for filing lawsuits. Two to four years is common in most states. But evidence only lasts much, much longer.

Security camera footage will get deleted. Witnesses move or forget. Memories fade.

Don’t wait to start building your evidence file.

Posting on Social Media

Insurance companies and defense lawyers love social media.

Your innocent vacation photo from Hawaii can be used to show you’re really not that injured. Even a restaurant check in can be twisted into damaging your own credibility.

Stay off social media until your case is settled.

Giving Recorded Statements

Insurance adjusters will almost always ask for a recorded statement.

Do not do this. Your words can and will be used to minimize or deny your claim.

Always decline and refer them to your car accident attorney.

Ignoring Medical Advice

Failing to follow up with your doctor hurts your claim.

Insurance companies love to argue that if you were really injured, you would seek and follow medical advice. A missed appointment can and will be used as evidence against you.

How Evidence Impacts Settlement Values

Car accident evidence has a direct correlation to the amount of money you receive.

Here are the numbers. Studies from Nolo show only about 91% of people who hire an attorney recover payout money, while just 51% recover money with no legal representation.

Nearly double the odds of success. Why such a significant difference?

Car accident lawyers know what evidence matters and how to present it. They understand what makes insurance companies fight or pay.

Better evidence = better leverage = higher settlements.

Wrapping It Up

Evidence is the single most important thing that matters in car accident lawsuits.

Police reports, medical records, witness statements, photos and videos, and expert testimony, all play a part in creating a strong case for damages. The more proof you have to show the insurance company, the harder it is for them to lowball you.

Let’s review…

• Gather evidence immediately following any accident
• Document everything with photos and notes
• Get medical treatment right away
• Avoid social media and recorded statements
• Work with a car accident lawyer who knows what evidence matters most

Collecting a solid evidence file is work. But it’s the single most important thing you can do to ensure you recover maximum compensation.

Start gathering evidence today.