What Evidence Can Help Your Car Accident Case?

If a car accident has left you injured, you probably want to know what you need to recover your losses, whether that’s through an insurance claim or a lawsuit. The Boston car accident attorneys at the Cashman Law Firm are help to help you understand what evidence can help your car accident case, and help you get it.

Evidence is Used to Establish Negligence by the Responsible Party

When we consider the evidence that is important in a car accident case, we need information that shows four things:

• Evidence of the responsible party’s duty of care, such as following traffic laws
• Evidence that they failed in that duty, which can include distracted driving or failing to yield
• Evidence showing that the person’s carelessness or negligence caused the accident
• Documentation of your injuries to substantiate your claim to damages

Keep these in mind as we discuss the specifics of what this can look like.

Gathering Evidence Can Start at the Scene of the Accident

You can support your case from the moment the accident happens by taking proactive steps to document the scene and your condition.

Photos

If you are able to take photos of the scene, it can be incredibly helpful to do so. Take photos of any vehicles involved, the road, the layout of the street or intersection, as well as any other property damage and injuries. You may benefit from speaking with witnesses to see if they have additional photos or video that could help you.

Call the Police

Massachusetts law requires you to report a motor vehicle crash when the accident causes injury, death, or more than $1,000 worth of damage. However, this can work in your favor because the responding officers will complete a police report that is often key evidence for your case.

They will typically speak with each person involved in the accident to determine what happened and provide a written account, along with the relevant insurance information and who they deem to be responsible.

Seek Immediate Medical Evaluation to Identify Injuries

When you wait to get medical evaluation or treatment, it can be more difficult to show that the accident directly caused your injuries. However, immediately seeking medical care from EMS workers on the scene or going to an area medical provider. This creates key documentation to help your case.

Gathering Helpful Evidence Is Often an Ongoing Task

To get the most from your accident claim, an attorney will often advise you to wait until you have completed treatment for your injuries and fully repaired or replaced damaged property.

Medical Records

Medical records are a key part of providing evidence of your injuries. This shows what you were treated for, and when. Sometimes, your physician or other members of your care team can speak to whether your injuries are consistent with an accident as you describe, as well as a professional assessment of what you may expect for future medical care related to the accident.

Bills and Invoices

We will use the bills and invoices from your repair costs and medical treatment to determine the damages you are owed. While we may be able to recover compensation for less tangible things like pain and suffering, most settlement offers begin with evaluating the actual financial losses.