What Evidence Should I Gather at the Scene of a Car Accident?

If you’ve been involved in an auto accident, then the first steps you need to take are to make sure you’re okay and get medical treatment. Next, contact an attorney to help you make a car insurance claim and potentially build a legal car accident case. You may be entitled to compensation.

When Should I Make a Car Accident Claim?

Make a car accident claim as soon as possible after your car crash. Your insurance company may state you must file a claim within a certain amount of time. Plus, the longer you wait, the harder it may be to win compensation in a car accident lawsuit.

The Statute of Limitations on car accident cases in Texas is two years. This means you have two years to take legal action from the time the accident happened.

Main Types of Evidence You Should Gather at the Scene of a Car Accident

If you want to win fair compensation for your damages, then you’ll need enough evidence to support your case. Start gathering evidence at the scene of the accident. Gather as much evidence as you can while waiting for the police.

Witness Statements

Get the names and contact information of nearby witnesses. Ask them if they’d be willing to provide witness statements regarding the crash. Speak to as many people as possible at the crash scene.

Contact and Insurance Information

You also need the names and contact information of the other driver and everybody in each car at the time. If the driver refuses to provide their contact information, you or your personal injury lawyer may be able to get it from the police later.

Photos and Video Footage From the Accident Scene

There are many forms of photographic and video evidence that may be helpful after an accident. Having the right evidence is vital, so try to gather as much as possible. Gather evidence only if you can; if you’re injured, ask someone else to take pictures and videos using your phone.

Vehicle Damage

Take photos and videos of the vehicles involved from different angles. You may be able to receive compensation for various types of property damage, so photograph car damage and damage to any items in the car.

Road Signs

Any nearby traffic signals, stop signs, and so on should be photographed. If the at-fault driver ignored these road signs before the accident, photos of the signs may be very valuable evidence.

Road Conditions

What were the road conditions like before the crash? If the roads at the accident scene were visibly wet or icy, then take pictures of them to provide proof. This evidence may be helpful in some accident claims, depending on the circumstances.

Skid Marks

If either vehicle left skid marks on the road, then photograph them. Try to get pictures of these from multiple angles. Evidence of these marks may help your case.

Debris

Take pictures and videos of any debris that was on the road at the time of the accident. However, don’t touch the debris, as it may be physical evidence the police will want to examine when collecting evidence themselves.

Cameras

Footage from nearby traffic and security cameras may be some of the best evidence to help support your case. It’s critical evidence that may make all the difference when proving liability. Take photos of any cameras that were nearby when the accident occurred. The footage from these cameras will likely be checked when the police are collecting evidence.

What Other Evidence May Be Helpful?

Medical Records

Car accidents can cause a variety of injuries, and you may need evidence that you were injured in the incident. Medical reports serve as evidence of your injuries, and copies of your medical bills may help your attorney calculate how much compensation you could claim. It’s very common to be compensated for your medical bills in a personal injury case such as a car crash.

Your medical records from the past few months or years may be checked to show that none of your current injuries were pre-existing. Medical bills for pre-existing injuries detailed in your medical records won’t be covered.

Even if you don’t believe you were injured in the accident, you should still seek medical attention just in case. Always be safe.

Police Report

Your attorney will gather copies of police reports regarding the accident. The police make a report after every car crash, and the accident report may help you with your legal and insurance claims. Either you or your attorney may be able to obtain a copy of the police report.

Report on Vehicle Damage

You should get your vehicle evaluated after the crash. Get details of the damage, and try to get an estimate of your repair bills.

You may be able to be compensated for your damaged property, so it’s necessary to find out how much it’s going to cost to repair your damaged vehicle.

Who Can Make a Claim After a Car Accident?

Every driver involved in a car accident should make a claim with their insurance company. If you don’t know how to make a car insurance claim, then a personal injury lawyer may be able to help you through the insurance claim process.

If you weren’t the at-fault driver, then you may be able to file a lawsuit against the liable driver. A person seeking damages may still receive some compensation even if they’re partially at fault.

What Should I Do if the Other Driver Refuses To Provide Their Insurance Information?

In Texas, drivers are legally required to share information regarding their insurance with each driver involved in the crash. Each driver must also share their vehicle’s registration number, their driver’s license number, their name, and their address.

If the other party refuses to give you that information, then you should inform the police. Take note of the other person’s license plate number if you can, and share this with the police.

You don’t need information regarding the other party’s insurance to file a police report or hold the liable driver responsible in court.

What if I Don't Have Car Insurance? Can I Still Receive Compensation?

You might still be compensated if you don’t have car insurance, but you may be penalized for driving while uninsured. You may be able to file a claim against the liable driver. However, you must have enough car accident evidence to prove that you weren’t the party at fault.

The other driver’s insurance company will most likely pay for your damages if that driver is found liable for the incident.

What Might I Be Compensated for After a Car Accident?

Property Damage

After a crash, you may be compensated for any damage done to your vehicle or the items inside your vehicle. Have a skilled mechanic evaluate your vehicle and estimate how much it will cost to repair. If it can’t be repaired, then you may be compensated for the vehicle’s value at the time of the crash.

Medical Expenses

You may be compensated for any car accident injuries you sustained in the crash. You’ll likely need a medical assessment to prove your current injuries came as a result of the car accident. Your medical bills for any injury sustained during the crash will likely be paid. This is one of the common types of damages often paid out in a car accident case.

Lost Wages

If you have to take time off work after being involved in a crash, then you may be compensated for your lost wages. Provide your attorney with pay stubs or other proof of how much you earn. This may help your attorney calculate how much you could seek in compensation.

Non-Economic Damages

Non-economic damages may cover things such as physical pain, emotional suffering, and physical impairment in car accident cases. If your life has been drastically altered by the car accident, then you may win a large amount of non-economic damages. Sometimes an insurance company will end up paying out a substantially high sum in non-economic damages.

Contact Brian C. Gutierrez if you’ve been involved in an auto accident. Visit our website or call us at 979-271-5338 to arrange a free consultation. Our skilled car accident lawyers will do their best to help you gather evidence, make an insurance claim, and potentially win compensation after a car crash.