What Type of Evidence Do I Need?

After a car accident, it is important to conduct an immediate and thorough investigation of the accident in order to preserve evidence before it is lost and to document information from witnesses while it is fresh in their minds. Although the police responding to the accident will prepare an accident report, often the reports do not contain the level of detail needed by the insurance companies.

For instance, police officers do not photograph the scene of the accident. It is important to photograph the vehicles at the scene of the accident, preferable before they are moved. If that is not possible, then they must be photographed before any repairs are made. The points of impact on the vehicles and paint from other vehicle(s) provide evidence regarding fault. Also, skid marks caused by the vehicles in the collision are an important piece of physical evidence that can indicate liability. They are often used to determine the speed at which the vehicles’ were traveling just prior to impact and the vehicles’ braking distance. Skid marks need to be measured and photographed before they fade. Other quickly eroding evidence that must be preserved includes debris left at the scene of the accident. The entire scene of the accident must be photographed from all angles, with particular focus on any obstructions, such as trees, telephone poles, parked vehicles, construction or utility vehicles, signs, hills, etc. Traffic control devices, posted speed limit signs, and other signage needs to be photographed as do any changes in traffic patterns due to road construction or utility work . Our Accident Reconstruction experts can recreate the accident from the evidence collected.

Witnesses to the accident are also a key source of evidence and must be interviewed as quickly after the accident as possible when their recollection is the sharpest and before they can talk to other people who may influence them. Oftentimes, people do not know that they have important information and therefore do not mention it. We know what questions to ask witnesses and we obtain their complete statements in writing and signed.

A canvassing of the area must be done in order to locate witnesses. Often, there are people who witnessed the accident but who do not come forward. For example, if the accident occurred near a business, there may been an employee who saw something but could not come forward because it was during working hours. Furthermore, people who did not witness the accident, but who observed the victim(s) after the accident may believe they have nothing relevant to say when in fact they do. They can attest to the injuries and condition of the victims, and sometimes they have heard important statements or admissions made by the at fault driver. Something which may not seem important at the time, may later become highly relevant. Our investigators conduct a thorough and extensive investigation to uncover and document all possible evidence.

An investigation must be conducted even if the other driver’s insurance company tells you that they are accepting liability. You are not protected unless the insurance adjuster puts that in writing, and further documents that they will not in the future contest liability, which they will not.