When you’ve been involved in a car accident, gathering evidence to support your case is crucial for building a strong personal injury claim. Solid evidence can establish fault, prove the extent of your injuries, and help you recover compensation for damages.
Taking the right steps immediately after the accident and in the weeks following can make all the difference.
Document the Accident Scene
The accident scene is a critical source of evidence. If it’s safe to do so, start by documenting everything as soon as possible.
Use your smartphone to take photographs and videos of the vehicles, road conditions, skid marks, traffic signals, and any debris from the collision. Try to capture the scene from different angles to provide a comprehensive view.
Photograph your injuries as well, whether they are cuts, bruises, or more serious wounds. These images can be powerful evidence of the harm you suffered. If there are nearby businesses or residences, check if surveillance cameras might have captured the accident.
Gather Witness Information
Eyewitness accounts can strengthen your case by providing an objective perspective of the accident.
Speak to anyone who saw the collision and get their contact information, including full names, phone numbers, and email addresses. If they agree, record their statements about what they saw.
This testimony can help corroborate your version of what happened and refute false claims from the other driver or their insurance company. Be polite and professional when interacting with witnesses to ensure their cooperation.
Obtain a Police Report
Calling the authorities after you’ve been in an accident is essential, and is legally required (WV Code § 17C-4-6) if there are injuries, deaths, or more than $1,000 in property damage. The responding officer will create an official accident report documenting the key details of the crash, including all parties involved, weather conditions at the time, and any citations that were issued.
Request a copy of this report as soon as it’s available. A police report will provide an unbiased account of the incident and may include the officer’s own assessment of fault, both of which can be invaluable to your claim.
Keep Detailed Medical Records
Medical records are key to proving the extent of your injuries and the impact they have on your life.
Be sure to seek medical attention as quickly as possible after your accident, even if you think you’re fine at first. Some injuries, like whiplash or internal organ damage, may not show symptoms right away but can worsen over time.
Follow your doctor’s recommendations and attend all follow-up appointments. Keep a copy of all of your medical records, bills, prescriptions, and any other medical documentation. These help establish a direct link between the accident and your injuries, which is crucial for your claim.
Maintain an Injury Journal
Keeping a detailed injury journal lets you document and record your recovery and how the accident and your related injuries affect your daily life.
Regularly write down details about:
- Your pain levels
- Emotional state
- Any limitations you experience due to your injuries
- The effects of missed work
- The effects of lost income
- Any changes in your ability to do hobbies or family activities
This journal provides a personal and detailed account of your post-accident struggles and gives context to the medical evidence by highlighting the full impact on your life.
Collect Repair Estimates and Vehicle Records
If your vehicle was damaged in the accident, obtain repair estimates or invoices from a trusted mechanic or body shop. These records will help establish the financial losses you incurred as a result of the crash.
Also, gather any documents related to your vehicle, such as maintenance records or proof of its value before the accident. This can help calculate the compensation you may be entitled to for property damage.
Preserve All Communication Records
Keep copies of all correspondence related to your accident and your claim. This can include emails, letters, and text messages with insurance companies, the other driver, or witnesses. Document any phone calls by noting the date, time, and content of the conversation.
Insurance companies will often try to minimize your claimed losses or question the severity of your injuries, so having a record of your interactions can protect your rights and provide evidence of your efforts to resolve the matter.
Working with an Experienced Attorney is Key
Working through a personal injury claim can be an overwhelming and frustrating experience, especially when you’re still recovering from injuries. Partnering with a qualified attorney can be vital in guiding you through the process and making sure that you gather the necessary evidence. They’ll also handle all negotiations with insurance companies on your behalf and represent you in court if needed.
Your attorney will know what evidence is most compelling and how to present it effectively to maximize your compensation.
Remember, gathering evidence after a car accident is a vital step in building the strongest possible case for your personal injury claim.
By seeking professional guidance from experienced personal injury attorneys, like ours at DiPiero Simmons McGinley & Bastress, PLLC, you can strengthen your case and protect your rights.
Taking these steps will help ensure that you’re prepared to seek the compensation you need and deserve for your injuries and losses.
