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7 SIMPLE STEPS TO DOCUMENT CAR ACCIDENT EVIDENCE

By Kendall Jenkins on 2021-10-10 11:28:00

You've been involved in a car accident due to another driver's negligence. Now you’re hurt, suffering, and unable to work. As grateful as you are to be alive, you can't help but wonder how you are going to pull yourself out of the financial mess. Preserving the accident evidence is one way to help secure an adequate settlement; you should do so with the assistance of a lawyer.

Process of Preserving Accident Evidence 

How an accident occurred can be immediately understood: for example, it could be a rear-ender, a cross-over into oncoming traffic, or a left-hand turn in front of oncoming traffic. However, according to a Tampa car accident attorney, how an accident occurred hardly ever explains why it happened.

It could have happened because the driver was texting, speeding, tired, or even intoxicated. Preserving accident evidence will explain why it happened and assist victims in developing a successful legal claim for compensation, consider following these steps.

1. Obtaining Surveillance Footage

Lawyers who are specialized in car accident claims are advised to keep the evidence in the form of photo or video content. Cameras are everywhere in our streets and highways in this day and age. Surveillance video from nearby homes, businesses, township, city, and state-installed cameras is readily available. Surveillance footage videos, on the other hand, have a short shelf life, so obtaining them as soon as possible for preservation is critical.

Even for insurance companies looking for new ways to reject or devalue claims, video evidence can be difficult to refute.

2. Gathering Official Witness Testimonies

When it comes to obtaining witness statements, most lawyers tend to obtain them months, if not years after the accident has happened. A well-prepared lawyer collaborates with experienced and capable investigators to tenaciously obtain this crucial information as soon as possible. It is critical to hire an experienced lawyer who understands what questions to ask in order to obtain the proof required for your claim.

3. Avoiding Spoliation of Evidence

Assume an object or property is damaged as a result of a collision. In this situation, it's critical to keep any tampering to a minimum for the sake of official paperwork. It will be difficult to prove your case if items or property are discarded or fixed.

Your lawyer can send an anti-spoliation letter to the owner of the property, requiring the accident evidence be preserved in its original form. Your attorney should have the letter delivered by hand or mailed with the invoice receipt.

Evidence tampering is a crime once this letter against the destruction of evidence is received. If something happens to this video evidence, the owners may face legal actions.

4. Collecting Event Data Recorder (EDR) Records

Safeguarding your vehicle before inspection is required, additionally, downloading of all electronic data such as the black box content in the case of airplanes, and hard disk recordings for modern vehicles is important as well. This information will be lost forever if the vehicles get sold or fixed before this valuable data is downloaded.

This data will be used to determine vehicle speeds, when the driver's foot was last on the gas pedal or brakes, and other factors in seconds or minutes leading up to a collision. It could also be used to establish whether there was a vehicle malfunction at the time of the collision that contributed to the accident.

5. Retrieving 911 Calls

Records from a 911 call made before an accident may reveal what happened immediately following the incident. The tone of a driver's voice and attitude during a 911 call could indicate he or she was inebriated. In a panicked call, a driver could easily admit fault for the accident. These calls are only saved for a certain amount of time, which is another reason to get in touch with an attorney as soon as possible after an accident.

6. Obtaining Medical Records and Receipts

It is important to keep track of everything related to your injuries and healing process, as well as the cost of medication. This also includes prescription receipts and over-the-counter medicine. All these can lead to financial losses for which you deserve to be compensated, and the medical records will serve as proof of the severity of your injuries.

7. Gathering Cell Phone Records

When it comes to the case of distracted driving, time-stamped evidence can be used to show a driver was texting or talking on a mobile phone while driving could be useful. Phone records could also reveal where a driver was prior to the collision, such as from a bar or supermarket. The well-preserved evidence could be used to support a drunk driving or dram shop claim.

Improve Your Chances of Securing Full Compensation

When confronted with such a tragedy, it is important to contact a qualified, skilled lawyer who will be prepared to invest the funds required to conduct a proper investigation that will preserve evidence from the accident. This could be your only chance to reclaim some sort of stability following the accident.


 

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