The Role of Evidence in Car Accident Lawsuits
December 13, 2024
Have you been seriously hurt in a car accident? If someone else caused the accident, a personal injury lawyer may be able to help you get the compensation you deserve. However, obtaining a settlement is more challenging than many people realize. While there is no way to guarantee you’ll win your lawsuit, your lawyer can maximize your chances by assembling and presenting as much evidence as possible. Here’s a closer look at the role of evidence in car accident lawsuits.
The more evidence you have in your car accident lawsuit, the easier it will be to convince an insurance company, judge, or jury that you deserve financial compensation.
Why Evidence Matters in Car Accident Lawsuits
Whether You Settle or Go to Court, Evidence Is Crucial
If you’ve been hurt in a car accident, you’re painfully aware of how that accident has impacted your finances, your physical health, and your mental health. You know that your injuries have negatively impacted every facet of your life, but if you want to increase your chances of receiving a fair settlement, you and your legal team must ensure that anyone familiar with your case understands that impact, too.
When You Settle Your Case
Even if your case doesn’t go all the way to court, evidence is still important. Most car accident lawsuits — and most personal injury lawsuits in general — settle out of court. Settling a case tends to be less costly for the other side, and it also helps the responsible party avoid publicity. In many cases, after your lawyer files a lawsuit on your behalf, the responsible party’s insurance company will reach out with a settlement offer.
The first settlement offer is often very low, but your attorney will negotiate with the insurer. Insurers are more likely to offer a fair settlement if they think your lawyer can win your case at trial. If you have a large amount of evidence, the insurance company will be more likely to take you seriously and offer you a respectable settlement.
When Your Case Goes to Trial
Sometimes, your lawyer and the insurance company’s lawyers will not be able to agree on a fair settlement amount. If this happens, your case will be decided in a civil trial. Civil trials work similarly to criminal trials in that both sides can present evidence and call and cross-examine witnesses. The trial may be decided by a judge or a jury. The more evidence you have, the more likely you are to convince the judge or jury the other party is liable for your injuries.
The stakes are high in a civil trial. If a judge rules in your favor, you’re likely to receive more than you would if you had settled your case. However, if you lose the case, you will receive no compensation whatsoever.
The right legal representation can dramatically increase your chances of securing a fair settlement. If you’ve been hurt in a car accident you didn’t cause, call Wapner Newman at (215) 569-0900 to set up your free consultation.
What Kind of Evidence Is Important in a Car Accident Lawsuit?
The amount of evidence your legal team assembles matters in your car accident case, but so does the quality of that evidence. Your attorney will be able to give you more specific guidance on the evidence you need, but these are some of the general types of evidence that can strengthen your case:
The Police Report From Your Accident
In a car accident lawsuit, few pieces of evidence are as important as the police report. When you call 911 to summon police to the scene, they will write a report of the accident that includes key information:
- The drivers and vehicles involved
- The sequence of events leading up to the crash
- Information on any witnesses
- A hand-drawn diagram of the accident
- Roadway conditions, vehicle failures, or other factors that might have contributed.
You or your attorney can request a copy of your crash report online after the accident. In some cases, you may be able to visit the Department of Motor Vehicles (DMV) to obtain a copy in person.
Photos and Videos of the Accident Scene
Police and accident reconstruction reports can be helpful in proving the other person was at fault for the accident. However, nothing compares to the value of traffic camera or CCTV footage. Your lawyer may obtain video taken by nearby traffic cameras. Fortunately, even if there were no traffic cameras where your accident happened, there’s a chance that surveillance footage from nearby homes or businesses captured the accident. Photos of the scene can also be helpful to show the aftermath of the crash.
Reports from Accident Reconstruction Experts
The testimony of an accident reconstruction expert can be instrumental when it comes to proving your accident happened the way you claim. Insurance companies will often send their own investigators to the crash site, and those investigators are more likely to make decisions that go in the insurance company’s favor. Your lawyer might choose to hire an independent crash investigator to ensure the report is not biased in favor of the insurance company.
Medical Bills
Many car accident victims file lawsuits because they are overwhelmed by medical bills. To make sure you receive at least enough compensation to cover your medical expenses, you should include your medical bills as evidence. You should also include receipts for prescriptions, at-home medical equipment, and other purchases directly related to medical care.
Medical Records and Testimony From Your Doctors
Your medical records will provide details of the various medical procedures you’ve undergone. These records help create a picture of your injuries’ total impact. In a similar vein, testimony from your doctors can be valuable. Doctors can break down complex medical concepts in a way ordinary people can understand — and that can ensure judges and juries fully understand the extent of your injuries.
Proof of How Your Injuries Affect You
Proving the financial cost of your injuries is important, but so is proving how your injuries impact your day-to-day life. Insurance companies, judges, and juries need to understand the level of physical and psychological pain you deal with. It may be helpful to keep a daily journal of how your injuries affect your activities.
Pay Stubs and Other Proof of Lost Income
Chances are good that your injuries have prevented you from working, at least temporarily. Pay stubs and information from your employer can help illustrate the full financial impact of your inability to work.
Have You Been Hurt in a Car Accident?
The Right Representation Matters
When you’re in pain and still reeling from the impact of a car accident, doing anything besides getting through each day may seem overwhelming. However, when you take that first step and reach out to Wapner Newman, our team can handle the legwork of gathering evidence, organizing it, and using it to craft a compelling narrative. We’ve been standing up for injured people in Pennsylvania and New Jersey since 1978, and our experienced team may be able to help you, too.
The sooner you reach out, the sooner we can get to work on your case. Call Wapner Newman at (215) 569-0900 to schedule your free consultation today.