Importance of Gathering Evidence After a Car Accident

Even though many victims of car crashes are shaken, disoriented, and injured after a car accident, it is important to gather as much evidence as possible. This should be done without incurring any harm or injury upon oneself. The attorney of the victim, if available, may be able to obtain evidence at the scene of the collision in the days following a wreck, the moments immediately after a collision are oftentimes only available to those who are involved in or respond to the crash itself.

Photos of the scene

One of the most effective ways to record a crash scene is to take photos, including photos of personal injuries sustained by the victim and photos of vehicle damage. Other important photos include any property damage and skid marks on the road, or where vehicles come to rest post-collision. These pictures can help your attorney or an accident reconstructionist working determine the angle at which vehicles may have collided and other important details. These photos should be taken as soon as possible, since the scene may be cleaned up or changed not long after the accident.

When taking photos, be sure to capture a wide range of angles and perspectives. For example, use close-up shots of specific damage as well as wide shots that show the entire accident scene, including the position of the vehicles relative to each other, traffic signs, signals, and road conditions. Photograph anything else that might have contributed to the crash, like potholes, obscured signage or weather and road conditions.

In addition to taking pictures to strengthen your liability claim, photos can also help build your damages claim.  Photos of injuries, bruising, swelling and scarring should be taken as soon as they appear.  Similarly, documenting your injuries’ progression or regression also helps paint a picture of each stage of your recovery.

Using a smartphone with a timestamp feature can also help establish the timeline of events. The more thorough your photographic documentation, the stronger your case can be when dealing with insurance adjusters or presenting evidence in court.

Getting video footage

If video cameras happened to be recording your accident in real-time, that footage can prove to be critical. Your attorney can work to access a copy of any available footage through the submission of a formal request. This could serve as key evidence to bolster your claim with the insurance company, which may otherwise be looking for reasons to minimize or potentially deny your claim.

If you were hit by a commercial truck or other type of vehicle with a device that records various types of vehicle data, such as speed, brake application and steering wheel movements, your attorney may be able to obtain the data from that device as part of the evidence in the case.

In addition to surveillance footage and vehicle data, dashcam recordings (either from your own car or from witnesses) can also play a valuable role in supporting your claim. Dashcams often capture details that could be missed by fixed cameras, like the moments immediately before and after a collision, driver behavior, or unexpected maneuvers. If you or anyone involved in an accident had a dashcam installed, ensure you secure and preserve that footage immediately. Prompt action is important as many dashcams overwrite older data automatically if not backed up within a certain period of time.

Obtain evidence while it is still available

If your accident took place along a busy highway or in the middle of an intersection, the debris from the accident will likely be cleaned up or moved around quickly. For this reason, it is important to take pictures or have pictures taken quickly without placing yourself or anyone else in harm’s way. Also, it is a good idea to write down notable details about the car crash scene.

Look for witnesses at the scene of the accident if possible and ask them for their contact information, so your attorney can get in touch with them later.  Even if you see them talking to investigating officers, do not assume their contact will be documented in the police report—get their name and contact information yourself just in case they fall through the cracks when the final police report is drafted. After you leave the scene, you may find it difficult to find witnesses to the accident, so it is important to talk to them when you have the chance.

In addition to taking photos and speaking with witnesses, try to document your recollection of the accident as soon as possible while the details are still fresh in your mind. Write down everything you remember about how the crash occurred, including the direction each vehicle was traveling, the speed you estimate they were going, traffic signals or signs, and anything said by the other driver or witnesses at the scene. Each and every detail, even those that seem trivial at the time, can become important later in the case. This written account can serve as a helpful reference for your attorney and ensure your contemporaneous account of what occurred is preserved.

Preventing the other party from eliminating evidence

Your attorney can send a letter – often referred to as a spoliation letter – to prevent the other party from destroying or altering any evidence in their possession. This could include, for example, the vehicle of the other party to the crash. The letter could request the other vehicle not undergo repairs until your attorney and his or her team of investigators can evaluate and take photos of the vehicle.  Repairs and other “fixes” to vehicles can also cause the digitally recorded data to be erased and unrecoverable, hence the extreme importance of sending out a spoliation as early as possible.

Preserving this type of evidence is especially important when there is a dispute over who caused the accident or when serious injuries are involved. Physical damage to the other vehicle may reveal valuable clues, such as the point of impact, the angle of collision, or the forces of the crash. Without a formal request to preserve the evidence, the other party (or their insurance company) may proceed with repairs that could erase these important details. By acting quickly, your attorney can help ensure that all relevant evidence remains intact and available for a complete and thorough investigation and analysis.

If you have suffered injuries due to the negligence of someone else in a car accident in Tulsa, OK or the surrounding areas, Biby Law Firm has your back. We can pursue the compensation you deserve for your injuries. To setup a free case review, give us a call today or drop us a message through our contact form.