What Can Be Used as Evidence to Prove Liability in a Car Accident Claim?

2021-06-11 20:07:00
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Manila folder labeled evidence Liability is one of the central issues in any car accident claim. Victims and their attorneys need to prove the other driver or another party is liable if they hope to recover compensation. Your attorney will need to collect evidence that links the other driver's liability to the crash. It helps to have an experienced attorney who has done this before and knows what crucial evidence to collect to support your claim.  

Our Sacramento car accident lawyers may be able to help you prove who is liable for your car accident injuries. Give us a call today for your free consultation to discuss the crash in greater detail to determine whether we may be able to help you.  

Below, we discuss common evidence commonly used to prove liability for an auto accident.

Eyewitnesses

Witness accounts that corroborate the victim's version of events can be invaluable in proving liability. Witnesses may have seen what the other driver was doing before the crash, such as texting and driving or driving erratically. Eyewitnesses often see things crash victims do not.

While your attorney can reach out to witnesses on your behalf, victims who are physically able and will not be putting themselves in danger can also reach out to speak with witnesses after the crash. If you have a smartphone, you could record a video of your conversation with the witness's permission. Make sure to ask the witness for his or her name and contact information. Your lawyer may need to contact them later to verify their statements or ask more questions.

Unfortunately, some accidents result in serious injuries, including those that cause victims to lose consciousness. The responding police officer's job is to take the witnesses' statements and include these comments and their contact information in a police report. It is crucial to hire an experienced attorney who can review these reports to help prove liability.

Police Report

You should always call the police after a car accident. Not only can they block traffic to help prevent further injuries or property damage, but they can also complete a police report with essential details about the crash.

The police report may indicate who the officer thinks is at fault, along with traffic citations issued, statements from witnesses, and the date, time, and location of the crash.

There may be a concern the person responsible for the accident was under the influence of alcohol or drugs. The police report should include any information from a breathalyzer or field sobriety test conducted at the accident scene.

Traffic Camera/Surveillance Footage

While witnesses and police reports may provide narratives from objective third parties, the insurance company can still try to dispute the objectiveness of a police officer, a witness, or a passenger riding in your vehicle. You may need additional video evidence to support your claim. 

Fortunately, there may be a video recording of the accident from a nearby surveillance camera, traffic camera, or dashcam. Unlike testimony from people, video footage can be more challenging to contest since there is no human credibility factor to undermine.

There can be a lot of legal red tape in obtaining video footage, which is why you should strongly consider hiring an attorney to represent you, as he or she can manage the acquisition of the video evidence you will need.

Phone Records

Your attorney may be able to obtain phone records from the other driver involved in your accident to prove whether he or she was driving while using a cellphone.

However, keep in mind that if this is part of your interrogatories during discovery, the other driver may also get the opportunity to request your phone records.

Accident Reconstruction Experts

In cases where liability is more complicated, our attorneys may enlist the help of an accident reconstruction expert who may determine who caused the accident.

These expert witnesses may be able to reconstruct the scene of an accident using their expert knowledge in physics and engineering to prove another driver caused the accident that resulted in your injuries.

Let Us Help You with Your Claim. Call Today

Our attorneys have many years of combined experience investigating car crash claims to prove liability. We have secured millions of dollars in compensation on behalf of our clients.

We have the resources to investigate the accident, obtain evidence and help you through the process of filing your claim. Our services are offered at no out-of-pocket costs since we do not get paid unless we recover compensation on your behalf.

We offer a free consultation, and you do not pay us anything upfront.

Call us today at (916) 777-7777 for help.