Understanding The Personal Injury Process

How To Gather Evidence That You'll Need In An Auto Accident Court Case

While the majority of car accidents are settled out of court, especially accidents that mostly involve damage to one's car, there are some car accidents that are handled in a trial. Because the burden of proof rests on you to prove that the other driver was negligent, the insurance provider might want to have your case taken to court. If this is the case, you will want to speak with an experienced auto accident injury attorney about what to do.

The Burden of Proof

You must gather evidence to support your version of the events. You must support your claims that you have suffered a physical injury and that you have also suffered from lost wages. While you may want to reach a settlement if you can, an auto accident attorney can assist you in gathering the evidence you need to prove your claim and can then present it in court. There are several forms of evidence you will need to search for, and they will know how to gather it.

The Right Steps to Take After an Accident

Your case will go much more smoothly if you take the right steps after your accident. First, you will want to call the police and wait for them to arrive. The police officer will record everything that they observe and can help determine if the driver was legally at fault for the accident. 

Observe the surrounding area for any vehicle debris and skid marks. Photograph this evidence because it could be used to support your version of the events. Photograph the damage done to your car. If you have any injuries, take photographs of them before heading to the doctor to receive medical treatment. Make note of the location of the traffic signals because these could be relevant to your case especially if the other driver blew through a stoplight. 

Car Repairs and Other Car-Related Evidence

If you were required to use a car rental until your car was repaired or replaced, make sure to track how much this cost you. Record how much you had to pay for car repairs and any improvements you needed to make to your car shortly after the accident. You may also need help from an expert witness such as an accident reconstructionist.

Gathering Additional Evidence

When you are struggling to gather enough evidence to prove your case, a car accident attorney may have other tools available. For example, you may need to use an interrogatory to obtain information from the defendant. When in doubt, ask an auto accident attorney about which options are the best for you.


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