After a car accident in Texas, collecting evidence is one of the most important things you can do to help your case. You may have to build your case for the insurance company to which you submit your claim and for your personal injury lawsuit. The more evidence you have, the better your chances are that you will be compensated for your losses.
Your legal burden of proof
Insurance companies know that the burden of proof for compensation lies with you, as the person seeking damages. This means that as the injured party you are responsible for proving that the other driver was at fault for the accident and is responsible for your injuries and damages. Proving your claim requires evidence for anything and everything including the events that led to the accident and your compensation claims for medical expenses, lost wages, property damage, and more.
Evidence can include physical documents such as medical bills, records of previous income to corroborate the amount income you would receive had you not been injured, photographs of the accident scene, and witness statements or testimony provided by those in the area.
Gathering evidence at the scene of the accident
If you have been involved in a car accident of any kind in Texas, you may have been disoriented or severely injured, leaving you unable to think clearly. But if you were able to collect evidence, your lawyer may want to see:
- Pictures of damage to your vehicle or personal belongings
- Pictures of injuries you may have sustained
- Names of any witnesses who saw the accident occur and their contact information
- Statements from any witnesses
- Written and/or visual descriptions of where the accident took place, the weather, road conditions, and more
When the police come to the scene of the accident they will make an official report. You will need to contact them after the accident to obtain a copy of that report, which can help you establish liability in your car accident lawsuit.
Ongoing collection of evidence
After the accident, you will need to gather evidence of the damages. For most car accident claims the largest portion of compensation is for personal injuries (meaning physical injuries) and property damage. To prove your personal injuries and property damage, you will need to gather any and all records pertaining to:
- Medical care you sought after the accident
- Car repairs, or car rentals while your car is repaired
You should keep a record of all healthcare appointments, which doctors you saw, what treatment was provided, and documentation to substantiate how much you paid at each visit. Always ask for a complete copy of every medical record and copies of things like treatment records, diagnostic images, and medical bills.
If you lost wages because you were unable to work as a result of your injury, you will need to gather documents like direct deposit receipts or pay stubs that show how much money you made before your accident. Your attorney may need this information to show how much money you lost during the time you were unable to work.
Call an experienced car accident attorney today
At Heygood, Orr & Pearson, our team of car accident attorneys can help answer questions you might have, aid you along the process of collecting your evidence, and intervene when and where necessary with local police or medical practitioners. Contact our team today at (877) 446-9001 for your free consultation.