What Is Considered Essential Evidence in a Car Accident?

Posted in Accident Information,Car accidents on October 2, 2020

The recovery process after a car accident can be long and arduous. One of the ways you can make it easier – and improve your chances of obtaining financial compensation – is by gathering essential evidence from the very first day of your crash. Essential evidence is information and proof necessary to establish the other driver’s liability for your wreck, as well as your damages. An Omaha car accident attorney can help you with the evidence collection stage of your injury claim.

essential evidence in a car accident

Official Records and Reports

One of the first places an insurance company will look for information is a police report. It is important to bring the police to the scene of your accident in Nebraska. The police can document key facts such as the time and location of the crash, the condition of the other driver, and suspected fault for the collision. It is also important to create a medical record of your injuries for a claim. Go to a hospital in Omaha right away after an auto accident. Obtain copies of your medical tests, records and reports for use on your insurance claim later.

Photographs and Video Footage

Pictures and videos can be some of the most convincing evidence during a car accident case. The defense will not be able to argue against hard evidence captured in a photograph, such as the position of debris in the road or fast food wrappers in the other driver’s front seat. Videos collected from cellphones, surveillance cameras, nearby businesses and dash cams could also be important – especially if they captured the crash itself.

If you are physically able to take pictures while still at the scene of your car accident in Omaha, do so using your cellphone or camera. Turn on the date feature. Capture images of all the important details at the crash scene, as well as a few far-away shots. If you are too unwell at the scene to take photographs, ask a friend or police officer to do so for you. An attorney can also return to the scene later for additional photographs.

Witness Testimony

Witnesses can provide information that no one else can; information that an insurance company may need to decide on your claim. You can rely on two types of witnesses, equally important in different ways. The first is the eyewitness. These are people who saw the crash, such as the other driver, vehicle passengers and pedestrians. Collect eyewitness information on the day of your accident, if you can. Eyewitnesses can help insurance companies piece together how the accident happened.

The second type is an expert witness. Expert witnesses are well-versed in a subject that is relevant to the case, such as crash reconstruction or medicine. Experts are people you or your attorney hire during the claims process to testify on your behalf. Statements from an expert could help prove fault or your losses to an insurance company, as well as clarify confusing subjects for a jury during a trial.

Proof of Losses

The amount of money you recover from an insurance claim depends on how well you can establish your losses, damages and expenses. Gather proof of your losses in the form of medical bills, travel receipts, pay stubs and repair estimates for your claim. This can help you establish your economic damages. For noneconomic damage recovery, keep an injury journal where you document how your injuries affect you personally.

An Attorney Can Help

As an injured car accident victim, you have the burden of proof during a civil claim. It is up to you – or your attorney – to satisfy this burden with enough evidence to prove the defendant more than half responsible for your car accident. Collecting enough of the right types of evidence can be difficult, especially while you are trying to focus on your physical recovery. Contact a car accident lawyer in Omaha for assistance with a car accident claim.