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Evidence to Preserve After a Car Accident

by | Jan 29, 2021 | Firm News

car accident evidence

You are a careful and conscientious driver. But that is not always enough to prevent a car accident. Some people are so reckless when they get behind the wheel that they endanger the health and safety of their fellow drivers. If you have been hit and injured by such a driver, then you should hold them accountable. To get compensation for the damage done to your vehicle and any injuries you sustained, you will need to hire a Las Vegas injury claim lawyer and build a case against the other driver.

The Importance of Gathering Evidence of the Accident 

A personal injury lawsuit falls under tort law. This is the area of law that gives people who have suffered material injury by others the power to get money from them. To succeed in such a suit, you must prove that you were injured, that the injury was the result of the action or inaction of another person, and that you should be paid a certain amount of money owing to the consequences of your injury. 

The only way to prove your claim is to gather evidence that the accident was the fault of the other person and that it caused you harm in some way. You should, if possible, gather evidence of the crash while it is still fresh. As time goes by, other people will come on the scene and move things around, leave their own traces, and begin to compromise the raw forensics that can be gathered. 

If you have not been too badly hurt, you should attempt to gather the following types of evidence while on scene: 

  1. Photographs of the crash 

You should use your smartphone to take pictures of the car crash scene. You should get close-ups of the dents, marks, skid marks, broken glass, and other debris left by the accident. The photos should be taken from as many angles as possible. 

  1. Witness recordings 

You should use your smartphone again to record the statements of people who witnessed the crash. This kind of video evidence that comes fresh from people who saw the collision can make for compelling evidence if the case goes to trial. 

  1. Photos of your injuries 

Use your phone again to take pictures of your injuries. You should do this before the medical team cleans and bandages your wounds. 

  1. Records 

Be sure to get a copy of the police report. You should also keep a copy of your car maintenance records at the ready—to show that the accident was not caused by any mechanical failures in your vehicle. 

In the Event of Serious Injury 

If you were seriously injured in the crash, you will not be able to gather evidence from the scene. Your Las Vegas car accident attorney will have to gather the facts on your behalf. Your Las Vegas NV accident lawyer will have subpoena power after they have filed the lawsuit, which will allow them to get the following types of evidence: 

  1. Cell phone records 

If the other driver was speaking on the phone or sending text messages before the accident, your lawyer will get a copy of their phone records and find out. 

  1. 911 call 

If the person who crashed into you called 911, their state of mind and sobriety can be determined from the call. This may give you proof that the person was under the influence of alcohol at the time of the crash. 

  1. Vehicle recall notices 

Your Las Vegas car accident lawyer will also make a search for recall reports. If there was a defect in the other driver’s vehicle, your Las Vegas injury claim attorney will help you build a case against the manufacturer. 

If you have been in a car crash, you should speak with a Las Vegas NV accident attorney at Albright Stoddard Warnick & Albright.