How Do I Gather Evidence for
My Car Accident Claim?
If you were injured by a driver who breached their duty of care, you would have a negligence claim.
The heart of any personal injury lawsuit is the presentation of evidence. Meaning, the success of your claim will depend on the evidence you will provide.
But before gathering evidence, you have to understand what is needed for your car accident claim.
If you were not at fault for your car accident, you would become the plaintiff. You and your lawyer will start gathering facts, the same case to the defendant. There will be an exchange of documents through what is referred to as discovery.
In this guide, you can learn the types of evidence needed for the success of your car accident lawsuit
Evidence For Your Car Accident Claim
If you suffered injuries because another driver failed to exercise reasonable care, you must recoup your losses. Car accident lawyers in Bakersfield, Ca, can be of great assistance in providing the evidence required for your claim.
There are various types of evidence to produce for your case, but having the right and relevant evidence can hasten your claim process. There are two significant types of evidence need for any winning case:
- Direct evidence: This evidence needs no inference. Meaning it speaks for itself.
- Circumstantial evidence: It’s the evidence by inference. It suggests a connection with the car accident case.
Both evidences are commonly used in civil cases. They play an essential role when it comes to proving the at-fault driver was indeed negligent.
Direct Evidence
Direct evidence shows the court that an accident occurred. Some examples include:
- Photographs: These are physical elements to be viewed. Such evidence can be scrutinized by an expert witness. He/she can then provide the judge or jury with expert opinions.It’s vital to take photos from all sides of your car or even weather conditions to show the condition of the accident scene.
- Eye witness:You can talk to anyone who saw the accident takes place and can recount the facts. To use such evidence, the court must consider the credibility, competency and independence of the witness.
- Medical records: Medical records from a recognized doctor can help show the nature and extent of your injuries. They can also help determine the amount of medical expense you have used and what you will use before recovery.
Circumstantial Evidence
Circumstantial evidence will help you suggest that the driver at fault was liable. But it doesn’t point you to liability per see. That’s why it's considered indirect.
An experienced lawyer can help you use circumstantial evidence in various ways. Some of these include:
- Use of skid marks: These indicated the sign of hard braking. Such masks could mean that the at-fault driver tried to avoid the collision, and as such their forcefully applied the brakes. Your lawyer can check for dark marks on the road or tires, or have such skid marks measured.
- Location of car damage: The nature and the extent of damage to your vehicle may help determine who was at fault. For instance, if your car was damaged on the passenger's side, it may be a clear indication that the other driver never paid attention. This shows that the at-fault driver had the potential to cause the car accident.
- Witness testimonies: Testimony can be both direct and indirect evidence. It’s always the need for inference. An example could be that a witness saw the car travel at a very high speed, It's not necessary that the at-fault driver was the one driving, But this would significantly contribute to the claim's facts. That’s why it's vital to collect the information of the witnesses.
While people rely on the misconception that direct evidence is more potent than circumstantial evidence, both play a vital role in helping one attain a reasonable compensation. Again circumstantial evidence is commonly used when there is no or little direct evidence.
With the correct evidence, your claim may be settled way before any trial proceedings commence.
If you are partly to blame, the law of pure comparative negligence will come in force, and you will only recover depending on the percentage of your fault.
Understandably, you may be in both physical and mental pain after the accident. That's why it’s recommended to look for an experienced lawyer who can gather correct evidence of your case.
Your lawyer then comes up with a claim based on the evidence they have gathered to ensure you get the best compensation in connection with the severity of your injuries or property damage.
Once you have presented the proper evidence, the jury or the judge awards damages, which may include expenses for:
- Medical costs
- Lost wages
- Physical and mental pain and suffering
Whatever the nature of your car accident and you believe that someone else was liable, you need the proper evidence to prove fault.
If you want to know what evidence to produce for your car accident claim, you can have such details explained by an experienced car accident lawyer.