What Evidence Should You Collect After an Auto Accident?

It should go without saying that, if you are badly injured, you should never compromise your health and welfare by delaying getting the medical care you need just to take a picture. Additionally, if someone else has been badly injured, make sure that emergency services are called and everything has been done to protect them from further harm. Never move a car accident victim unless it's necessary in order to protect them from traffic or a fire, but if you have a blanket or something else that can make them more comfortable, bring it.

Pictures

If you're well enough to take pictures, get as many as you can of the accident scene itself, as well as the injuries involved and the specific vehicles and their damage. You want both close-up shots and panoramic shots. 

Your pictures should include the make and license plates of the vehicles; all skid marks, road marks, hazards, and any traffic lights or signs that were involved; and even try to capture the weather conditions, if that's possible. The other driver is not entitled to stop you from taking pictures, but if the other driver is aggressive, it may be best to wait until the police arrive before you start.

Information on the Other Driver/s

If you are well enough, and assuming that the other driver or drivers are also not badly injured, it's important to exchange information. You need the name, contact information, and insurance information of everyone else involved, and you must give them same to them in return.

If another driver is aggressive or belligerent, wait until the police arrive to approach them. If you believe you are an immediate danger from another driver, call 911 and move to a public place, such as inside a nearby business.

Video

For the most part, you will want to take pictures with your phone, and not video. Still photos will be easier to use and analyze. However, if the other driver is becoming belligerent or aggressive, turning on the video of your phone may keep them from taking any violent steps out of fear of the consequences. 

Beyond that, take a look around to see whether it's possible the accident itself was captured on video. If another person was recording with their phone, they may have captured the accident. There could be traffic cameras or even security cameras from nearby buildings that might have recorded the incident. Make a note of where these are so you can tell your lawyer. If you have a dash cam, obviously that will be very helpful, and if the other driver had a dash cam, be sure to tell your lawyer as quickly as possible so they can see about getting the recording before it's erased.

Witness Information

If there are people standing around after the accident, some of them may have seen what happened. Politely ask for their name and number if they did see the accident, and send this on to your lawyer. Bear in mind that some people may be reluctant, so be sure to be polite and grateful to anyone willing to give you their information. 

Also, bear in mind that some people in these situations will claim to see things that they haven't seen. That's why you want to pass all the witness information on to your lawyer. Your lawyer will investigate and talk with potential witnesses to find out who is credible.

Medical Records

As soon as possible after the accident, see a doctor. The medical records that you collect will be used in your case to show what your damages are, and the longer you delay in seeing a doctor, the easier it is for the other side to argue that your injuries had nothing to do with the accident. 

Bear in mind also that some injuries after car accidents don't manifest with symptoms immediately. You'd be surprised how effective adrenaline is at masking pain, and it's possible to have endured even a fairly serious fracture without realizing it for an hour or so. Internal bleeding may not become evident for hours after an accident, and whiplash often doesn't show up until later that day or even the next day. 

Police Reports

The police will make a preliminary determination of who they believe was at fault in an accident, and while this is not the final determinator of fault, it does go a long way with both insurance companies and courts. Police officers investigate accidents all the time and can give an experienced and professional opinion about what happened. 

Additionally, this report will have the information about both parties that you need, and the names of witnesses, so if you weren't able to gather other evidence at the scene because of an injury, the police report will include a lot of what you need. Finally, the police report will also include a record of any citations they may have issued at the scene of the accident, and this can go a long way to prove fault.

Records From Repairs

If you had personal property that was damaged in the accident, you will want to get all records from repairs, as well. Obviously, your car is the most likely thing to need repairs, but if you had a damaged laptop or cell phone or other valuable property in the vehicle, this could be included.

Receipts From Related Expenses

They're all kinds of related expenses that you may need to be reimbursed for if they were required because of the accident. For example, if you had to call an Uber or a taxi to take you home because your car was damaged, this would be included in your demand for damages and losses. If you had to hire childcare or other home healthcare because you could not take care of your regular responsibilities due to the injuries, these expenses should also be included. 

Talk With an Accident Attorney in Odessa, TX

An accident attorney with experience in Texas law personal injury law and in bringing car accident claims can help you to use all the evidence that you collect and even find evidence that you may have missed. Your lawyer will then put this together into a compelling narrative to show exactly what your damages have been, and then negotiate with the insurance companies to make sure you are "made whole" again.

To learn more, contact us at Cesar Ornelas Law in Odessa for a free consultation on your case. We also serve Dallas, San Antonio, El Paso, and Midland as well as the Corona, CA and Hobbs, NM areas.