According to the National Safety Council, 4.5 million people were seriously injured in a car accident in 2018. And 1,504 Georgians died in vehicle crashes in 2018. Unfortunately, these statistics are likely to have continued into 2019. If you or someone you know has been involved in an auto accident and need to know what types of evidence is needed to obtain compensation for your losses, here’s what you need to know.
Need evidence to prove negligence
In order to win a lawsuit and recover for your injuries and losses after a car accident, you need to prove each of these things:
- Prove the other party (or parties) was negligent
- Prove their negligence caused your injuries
- Prove that you actually sustained injuries or damages
To do that, you will need to gather and keep all the evidence you can to prove each of those points. Keep in mind that all accidents are different, so there may be items unique to your case that you should also keep. Your lawyer can help point those out to you.
You also need to file any lawsuit to recover for negligence in a timely manner. So contact your attorney sooner rather than later to make sure you comply with any time restrictions.
Here are some common types of evidence needed to prove negligence and document your losses so you can receive full compensation for them.
When you’re involved in an auto accident, getting the police out to the scene is important. Their report will provide a general description of how the car accident happened based on all statements given to them at the scene and all evidence they gather there.
Take photographs at the scene of the accident to show all damage to every vehicle and any property (fences, trees, signs, etc.). You’ll also need photographs that show all of your injuries. Take photos during the healing process to show how long it took to heal.
Take videos of the scene too. Include video footage that shows the direction each vehicle was traveling from and any significant road signage. Later, if needed, your attorney can also try to obtain CCTV footage from the intersection or local business cameras, if applicable.
At the scene, ask for names and contact information from anyone who said they saw the accident happen. Or overhead the other party confessing fault or other incriminating information. The contact information will allow you to obtain their written statements while the facts of your case are fresh in their mind and later, if necessary, to get their deposition testimony.
Proof other party was arrested or ticketed
If the other party gets arrested for driving under the influence or receives a ticket (for speeding, running a red light, etc.), make a note to follow up to obtain a copy from the police to keep for your case file.
Evidence other party was distracted or tired
If a witness indicates that the other party was texting, your attorney can help you obtain a copy of their phone records for proof they were distracted. If the other party or one of their passengers mentions that the driver was tired, your attorney can ask them for details when obtaining their statement or during their deposition.
Black box data from vehicles
Obtaining the black box data from the other vehicle(s) involved in the accident can help determine facts about how the other party was driving. For instance, if they were speeding and whether the other driver failed to apply their brakes timely.
Using expert witness testimony can be very helpful to your case. Especially if your injuries are serious. They can also help explain how an accident happened and why the other party was at fault.
Prior incident reports from government sources
Some roadways can prove themselves to be dangerous over time. By pulling the reports showing how often other accidents occurred in the location where your accident happened, the reports may show the roadway itself was at fault for the accident. If so, you can be able to look to the government entity who planned or constructed the roadway for compensation as well.
Medical reports and statements
Proving you were injured by the other party is a significant part of your case. The primary way this is proven is through obtaining copies of your medical records, invoices, and medical reports from your doctor(s). These documents need to show how your injuries were sustained, the extent of the seriousness of your injuries and how well you healed from them.
Some injuries take years to recover from or leave you with permanent disabilities or on-going limitations. Your medical reports can also be used to help prove these future losses. As well as help prove the pain and suffering you endured due to the crash.
Proof of lost wages
If you lose time from work, keep or get proof from your employer. You should be compensated for any time missed because you stayed home due to your injuries. And also for any time you get docked pay for going to your doctor or physical therapy.
Body damage estimates
Depending on the insurance companies involved, you may end up sending your car to one of their preferred body shops for repair. If so, you may not need to get estimates from another body shop.
But if not, be sure to get at least three different estimates for damage done to your vehicle in order to prove your property damage losses.
Proof of other incidental losses
If you suffer other losses in connection with your car accident, be sure to keep any receipts or other proof, even if you’re not sure you can collect for it or not. Such as, keep invoices for rental cars. And make a list of any clothing you were wearing and other personal property items that were damaged in your car, if any, along with an approximation of their value.
Record these types of evidence to win
Every auto accident is different, so the types of evidence needed for your individual case may differ from those listed above. This is where talking directly to an attorney can help your case. They will be able to help you collect and record all of the evidence you need to prove your case.
At Georgia Auto Law, every member of our team specializes exclusively in Georgia auto accident cases. We are the only law firm in Georgia handling only auto accident cases. This means that we do not focus our time, research, or resources on anything except winning you the most money on your car accident case.
You are welcome to call one of our auto attorneys at any time, day or night, at (404) 662-4949. You can also complete our consultation form, and one of our car accident specialists will reach out to you within minutes. With our No Fee Pledge™, you pay nothing. We are here for you.