When you get hurt by the careless actions of another driver, your injuries and other damages equate to monetary compensation. To be paid for all the ways the accident has negatively affected you, proof is needed. To find out what you might need to show proof of fault and your damages, read below and be prepared to take action.
Hard, Concrete Proof
You can actually hold the below forms of proof in your hand. Assessing the below and making sure your personal injury lawyer has them to use against the other driver should be one of your first actions once you are healed enough from the accident. The most important issue in all car accident cases is which party is at fault for the wreck. In some cases, the fault is clear, and in some cases, the matter is in dispute. You and the other driver will be asked for statements, and if they differ from each other, other forms of proof are needed. That proof might include:
- Cell phone video footage of the accident as it happened, along with other sources of video evidence from traffic cameras, nearby residences and business cameras, and dashcam video from law enforcement or from other drivers. This type of proof can be incredibly strong and compelling in deciding fault in a car accident.
- Police or accident reports often contain an opinion as to how the accident happened. The responding agency will perform a short investigation by questioning drivers, passengers, and bystanders. In some cases, fault is strengthened when law enforcement issues traffic citations for drivers who broke the law and also caused the accident. Citations and arrests are often noted in the accident report.
Proof of Damages
In addition to proof of fault, accident victims may also have to show how they were damaged as a result of the accident. Undoubtedly, medical records comprise a prime form of proof of your physical injuries and will remain vital to the final compensation you receive for pain and suffering. This category of proof can also include:
- Car repair estimates
- Pay statements or other proof of pay (for lost wages damages)
The other main category of proof is people. Eyewitnesses can make or break your case when it comes to the way the accident occurred. Witnesses are interviewed at the scene, but your personal injury lawyer will seek more extensive statements from those that saw the whole thing happen. Those statements can often mean the difference in being compensated by a settlement and having to settle for what the insurer thinks you will accept. In some cases, expert witnesses are called upon if your case should go to trial.
For more information about what is needed to prove your case, speak to an auto accident lawyer.