After a car crash, piecing your life back together is the priority. As you focus on recovery, you may also wonder how to hold the responsible driver accountable. The key to a successful car accident claim often lies in the quality of the evidence you can gather. Strong car accident case evidence helps tell the story of what happened and demonstrates the true impact the collision has had on your life. This includes everything from the official police report to your medical records and photos of the scene.
Key Takeaways about What Evidence Might Help Your Car Accident Case
- A police report provides an official, objective record of the car accident, including details about the scene and parties involved.
- Photographs and videos of the vehicles, the accident location, and any visible injuries serve as powerful visual proof.
- Comprehensive medical documentation is essential to connect the injuries sustained with the collision itself.
- Statements from independent witnesses can offer an unbiased perspective on how the accident occurred.
- Records of lost income and other related expenses help establish the financial damages resulting from the incident.
Why You Need Strong Car Accident Case Evidence
When you file a car accident claim, you are essentially making a case to an insurance company—and potentially a court—that another person’s actions caused you harm. The person or party who caused the injury is often referred to as being “at fault” or “liable.” Liability means they have a legal responsibility for the damages they caused.
Without solid evidence, it can be difficult to prove liability. An insurance adjuster might dispute the facts, question the severity of your injuries, or even try to shift the blame to you. Compelling evidence strengthens your position and clarifies the facts, making it harder for the other side to deny your claim for fair compensation.
The Official Record: The Police Report
The police report is often one of the most important documents in a car accident case. When law enforcement responds to a crash, they create an official report detailing their observations.
This document typically includes:
- The date, time, and location of the accident.
- Contact and insurance information for all drivers involved.
- Statements from drivers, passengers, and witnesses.
- A diagram of the crash scene and the officer’s initial assessment of what happened.
If a driver received a traffic ticket or a citation for a violation like speeding or running a red light, that can also be a significant piece of evidence suggesting they were at fault. In New Hampshire, you can typically request a copy of your accident report from the Division of Motor Vehicles or the local police department that responded to the scene.
These official records provide a foundational, unbiased account of the incident that insurance companies take seriously.
Creating a Visual Story: Photos and Videos
A picture is truly worth a thousand words. Visual evidence can show the reality of a crash in a way that words alone cannot. If you are able to do so safely after an accident, taking pictures and videos with your phone can be incredibly helpful.
Focus on capturing images of:
- Vehicle Damage: Take photos of all vehicles from multiple angles, including close-ups of the points of impact.
- The Scene: Document the general area, including any traffic signals, stop signs, skid marks on the road, or property damage.
- Weather and Road Conditions: If poor weather or hazardous road conditions, like ice on a bridge along I-93, played a role, be sure to capture that.
- Your Injuries: Photograph any visible cuts, bruises, or swelling as soon as they appear.
This visual documentation helps paint a clear picture of the crash’s severity and its immediate physical effects.
Linking the Crash to Your Injuries: Medical Records
One of the most critical aspects of any car accident claim is proving that the crash caused your injuries. Medical records are the primary form of evidence used to establish this connection. It is important to seek a medical evaluation after a collision, even if you feel fine, as some serious injuries may not show symptoms right away.
Your medical file creates a timeline that links your physical condition directly to the incident. Important documents include:
- Emergency room admission forms and doctor’s notes
- Results from MRIs, X-rays, and other diagnostic tests
- Referrals to specialists and physical therapists
- A complete record of all treatments, surgeries, and prescribed medications
These records not only prove your injuries but also provide the basis for calculating your medical expenses, which are a major component of your claim for compensation.
What Others Saw: The Value of Witness Statements
An independent witness can provide a neutral, third-party account of the crash. Their testimony can be especially valuable if the other driver’s story contradicts yours. If there are people who saw the accident happen, try to get their names and phone numbers before you leave the scene.
A witness can confirm key details about the crash, such as which driver had the right-of-way or if one car was traveling at a high speed. This unbiased perspective can add significant credibility to your version of events.
The Financial Toll: Documenting Your Losses
A car accident can affect more than just your physical health; it can also create a significant financial strain. The costs associated with crash injuries can be substantial. To recover compensation for these losses, you must provide proof.
Keep careful records of all expenses and financial losses related to the accident, including:
- Pay stubs or a letter from your employer showing time missed from work and lost wages.
- Receipts for out-of-pocket expenses, such as prescription medications, medical supplies, and transportation to appointments.
- Repair estimates and invoices for damage to your vehicle.
This evidence demonstrates the full financial impact the accident has had on you and your family, ensuring these damages are included in your claim.
Car Accident Case Evidence FAQs
Here are answers to some common questions about evidence in New Hampshire car accident cases.
What if a police report was not filed for my accident?
If the police were not called to the scene, there won’t be an official report. In this situation, other evidence, such as photos, witness statements, and your own detailed notes about what happened, becomes even more important for establishing the facts of the case.
How long do I have to file a car accident claim in New Hampshire?
In New Hampshire, the statute of limitations for most personal injury cases is three years from the date of the accident. A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation.
Can my social media posts be used as evidence?
Yes, insurance companies for the at-fault party often look at a claimant’s social media profiles. Posts, photos, or videos that seem to contradict your injury claims—such as a picture of you hiking when you’ve claimed a severe leg injury—can be used against you. It is often wise to be cautious about what you post online while your case is active.
Is the “black box” data from my car considered evidence?
Many modern vehicles have an event data recorder (EDR), often called a “black box.” This device can record information like vehicle speed, braking, and steering moments before a crash. This data can be powerful evidence, and an attorney can help with the process of having it properly retrieved and analyzed.
Should I give a recorded statement to the other driver’s insurance company?
It is generally not in your best interest to provide a recorded statement to the other party’s insurance adjuster without first speaking to an attorney. Adjusters are trained to ask questions that may be used to minimize or deny your claim. An attorney can advise you on how to handle these requests and can communicate with the insurance company on your behalf.
Contact a New Hampshire Personal Injury Attorney
Gathering and preserving car accident case evidence can feel like a monumental task. A dedicated personal injury attorney can manage the legal process for you, working to build a strong case while you focus on your health.
At Coates Law Office, we are committed to helping people in New Hampshire who have been injured through no fault of their own. Attorney Bradford Coates uses his experience as a former prosecutor to advocate for his clients and hold responsible parties accountable. We offer a free consultation to discuss your case and give you an honest assessment of your legal options. To get started, call us at (619) 323-3280 or fill out our online contact form.