What Evidence Do You Need to Have a Strong Car Accident Claim?

Photos

After an accident, and if you are able and the situation is safe, be sure to take extensive photographs of the accident scene using your phone. You want both close-ups of injuries and damage to the vehicles as well as panoramic shots that show the larger environment. Take pictures of license plates, skid marks, debris that might be in the road, and multiple angles of both vehicles.If the accident was caused or exacerbated by something like a faulty traffic light or a road hazard, be sure to get pictures of this. If the weather is particularly bad, do what you can to take pictures that show this. Additionally, if you have any belongings that were damaged in the car, take pictures of this as well.

Video

Video evidence is very helpful, as it can often record an angle that neither driver saw personally and is also completely unbiased and objective. However, video can also be limited in that it may only capture a single angle or one part of the accident. For this reason, it's a good idea to see if several cameras might have captured the incident.Dash cams can be helpful evidence, whether that is yours, the other drivers, or even the dash cam of a party not involved in the accident at all. Traffic cameras and security cameras at nearby businesses can also be helpful. Bear in mind that many cameras have their footage erased over time simply as a matter of course. This is usually to save space. For this reason, it's important to get this evidence as quickly as possible. Be sure to reach out to a car accident attorney in Odessa, TX as soon as possible so they can get started not only finding video evidence but ensuring that it is saved.

Witness Testimony

The testimony of third-parties who saw the accident will be very important in building a strong case. You and the other driver will have your own testimony, of course, and your passengers – if you had any – will also give their testimony. However, the perspective of the drivers is always biased and may also have been limited. Because you were dealing with the accident itself, it's always possible that you didn't notice something that the other driver was doing or which was happening beyond your two vehicles.Passengers also tend to be biased on behalf of their own drivers, who are usually friends or family members. For this reason, insurance investigators and courts will put a premium on the testimony of neutral and objective third parties who may have seen the incident and are willing to testify.

Medical Reports

It's always important to get medical help following an accident. Even if you feel fine, remember that some injuries don't have symptoms that manifest until some hours after they occur and other injuries may not be noticeable yet because you're so ramped up with adrenaline.Go to urgent care or the emergency room and tell them you have been in a car accident so they will know exactly what tests to run and can make the right notations. Your medical records from this visit, and any subsequent visits required to get you back to full health, will be evidence to link your injuries and losses to the accident itself.

Police Reports

Always call the police after an accident, and be sure to get a copy of the report for your claim. The police report will have all the important information relative to the accident as well as the responding officer's assessment about who is at fault.While this assessment is not the only thing that courts or insurance companies will consider, it does carry a lot of weight with them. Plus, the police report is an official record of the incident, and if you did not call the police and later try to make a claim for damages, the other side will very likely question whether your damages were related to the accident or not

Using the Evidence: Your Car Accident Attorney in Odessa, TX

Some of this evidence you will need to made available to the insurance company so they can investigate the incident. Always be sure to make copies so nothing gets lost. It's important to have a lawyer at this point because your lawyer will know how to use this evidence effectively to build a case for your claim. They will compile what might seem like a random group of photos and paperwork into an effective argument for what you are owed to make you whole again after your accident and to show exactly who was at fault.Your lawyer may also bring in accident reconstruction experts to look over the evidence and give suggestions, recommendations, and opinions about what happened. Your attorney will present all this evidence to the insurance company and enter into negotiations with them for a settlement. Most car accident claims are resolved through a settlement, which is the fastest and easiest path to resolution for all parties involved. However, your lawyer will also be prepared to take the case to court in the event the insurance company refuses to make a proper offer.

Why Fault Matters

One of the things your evidence does is prove fault, and in Texas, this is very important. Texas law allows any person who is 50% or less responsible for an accident to collect damages. However, anyone who is 51% or more responsible cannot collect any damages, and anyone less than 50% responsible will only be able to collect damages in proportion to their degree of fault. If, for example, you are found 15% at fault, you would only be able to collect 85% of your damages.As you can imagine, it is always in the interest of the insurance company to blame you for as much of the accident as possible. Every percentage of fault they can blame on you is another percentage they don't have to pay out to you. This is why you need a lawyer with skill and experience who can defend you from inappropriate accusations of fault and show why the other party is really responsible. Even if you do share some fault in the accident, your attorney will be able to keep that at a minimum so you don't lose out on any more of your settlement than is necessary and fair.

Don't Delay

In Texas, you have just two years to bring a claim after a car accident, so you don't want to delay. It's very easy, especially if you're recovering from injuries, for time to go by and not be noticed. Talk to an attorney as soon as possible to make sure you don't miss this window and find yourself unable to bring a claim at all.If you've been injured in a car accident, contact Cesar Ornelas, Injury Law today for help in Odessa, San Antonio, Laredo, El Paso, and Midland, TX. We also serve Corona, CA and Albuquerque, Hobbs, and Carlsbad, NM.