Evidence in Car Accident Cases

If you were injured in an auto accident, one of the best things you can do is collect documents that will help your case. Even if you decide not to pursue litigation, it is better to have the documents and not need them than to need them and not have them.

If you gather evidence, you’ll be prepared to make a personal injury or property damage claim against the other driver’s insurance. Of course, another helpful step is to hire a car accident attorney. Because insurance companies often try to minimize the settlement amount, it is in your best interest to work with a legal professional who will negotiate effectively with your interests in mind. 

If you wish to file a claim or simply want more information about the lawsuit process, contact Get Car Accident Money today. We are experienced lawyers who help our clients move past their accidents by winning the compensation they need. Call Get Car Accident Money today for a free consultation.

Gathering Evidence

After being involved in a car accident, you should obtain the following evidence as soon as possible:


  • Photographs. Try to take as many clear, detailed photos of the scene as possible. It is helpful to get a wide shot of the accident scene, including street signs and traffic lights, as well as any damage to your person or vehicle. If you can, try to get photos of the damage to the other driver’s vehicle; experts may be able to determine fault from the location of the damage.
  • Contact information. Even if they are not clearly at fault, don’t let the other driver leave without getting their name and phone number. If it is a hit and run accident, either write down or take a photo of their license plate and call the police. Witness contact information is also crucial in establishing a personal injury case. If their testimonies are consistent with the facts of the crash, witnesses can be an invaluable asset for the authenticity of your claim.
  • The police report. Even if it is a minor crash with no obvious injuries, the police should always report to the scene of an accident. Never let the other driver talk you out of contacting the police in exchange for money or any other incentive. The document that the officer will submit to the police department is a public record of the facts of the crash and the officer’s opinions of who caused the accident. Although these reports may not be used as evidence in courts higher than the small claims level, they are extremely useful in helping prove liability. 
  • Other records. Documents and records other than the police report can help validate your insurance claim. Insurance companies rely heavily on medical records to approve your claim, so make sure to obtain records of all injuries and treatment following your accident.


If you need help getting any of these documents, call Get Car Accident Money today. We will communicate with the police department, insurance company, and your doctor or healthcare provider to obtain all the information necessary to build your case.

Discovery Process In a Lawsuit

One of the first stages in a civil lawsuit is known as discovery. This is a formal legal process where both parties discuss and share what witnesses and evidence they plan to present during the trial. Discovery prevents “trial by ambush,” where one party is unaware of the other’s evidence until the trial when there is no longer time to gather answering evidence.

The Burden of Proof In a Car Accident Case

In a car accident case, the burden of proof (obligation to prove that the other driver caused the plaintiff’s injuries or damages) lies with the injured driver or plaintiff. In other words, the plaintiff must prove that the accusations they are making against the defendant are true.

Because car accident claims are a type of civil lawsuit, the plaintiff or injured party must prove that the defendant is liable for the injuries or damage sustained.

You must establish the following under your burden of proof:

  • As a driver operating within the legal system of a given state, the defendant owed you a duty of care to drive with reasonable care and safety.
  • The defendant violated this duty of care when they caused the accident.
  • The defendant’s negligence directly caused the injuries or damages you sustained.
  • You have medical evidence that you are injured.

Contact an Auto Accident Lawyer

It’s difficult for an individual to collect and properly use evidence in a car accident case. Without a car accident attorney, you will most likely receive a minimal settlement from the insurance company that is far less than you need. You have medical bills and other payments to make; don’t let the insurance company prevent you from collecting an equitable settlement.

If you were injured in a car accident and wish to pursue litigation, contact Get Car Accident Money. We’ll represent you in every step of your case and fight to give you the compensation you need. Call or contact us online today.

Last updated on: October 1st, 2020