Evidence needs to be strong for any auto accident claim to be viable in Texas courts, because courts, insurance companies, and even jurors prefer facts to stories and assumptions. Evidence can help determine the real cause and effect of an auto accident in Texas.
“The first hours after the crash are crucial for establishing what ensues. Information blurs, memories fade, and physical proof can disappear rapidly. The new skid marks on the pavement, the positions of vehicles, and physical injuries are easily verifiable in the initial hours and days after the crash,” says Texas car accident lawyer Felix Gonzalez from Felix Gonzalez Accident and Injury Law Firm.
Read on to learn what types of evidence matter and which mistakes to avoid.
Types of Evidence That Matter
Photographic and Video Evidence
Clear photographs and videos can tell the accident story clearly without any confusion. Take wide shots of the accident site, close shots of where it happened, and close shots of any injuries as soon as it is safe to do so. Document traffic signs, the condition of the roads, and where there are skid marks.
Look for security cameras or traffic cameras in the area. Businesses and residences around the scene may have security cameras that recorded the accident. Please obtain copies promptly before they are deleted or overwritten. Do not crop images or manipulate videotape files. Unedited footage is more valuable to insurance companies and courts in its raw form.
Witness Statements and Contact Information
Witness descriptions can fill in missing information when stories may not agree or when details are forgotten. Take witness statements and other motorists’ accounts of what they witnessed as soon as possible. List the witness’s name, phone number, and details of what they remember.
Gathering statements soon after the accident increases the likelihood of their accuracy. Over time, people tend to forget or allow others to influence them. Tell witnesses to write out what they remember while it is fresh in their minds.
Medical Records and Documentation
Your medical records trace your injuries back to the accident. You must seek immediate attention even if you think it is only a slight ache, and retain all documents.
Discrepancies in treatment or missing documentation can cast doubt about the nature of injuries, and insurance companies can claim that pain was not related to the accident.
Good documentation of your condition gives you a solid connection between the accident and your condition, and it becomes tough for any party to contest your claim.
The Receipts
Receipts, invoices, and proof of lost income reveal the real cost of an auto accident. So, save any records of physician visits, repair quotes, or pharmacy receipts. If your car needs repairs, save repair agreements and rideshare invoices. You can request verification of lost time or income from your employer if you have missed work.
The jury and insurance companies require concrete proof in terms of exact amounts rather than approximations. Financial records help quantify the amounts you have spent and lost, which can work in your favor when it comes to compensation.
Official Reports and Supporting Documents
The police report is also very valid in Texas personal injury cases. Occasionally, it contains the findings, the witness’s information, and even diagrams of the accident site. Make sure you can obtain one as soon as it is prepared.
The more documents you can include, the more information you can put in the case, which would improve its believability in negotiations with insurance companies or in court.
How an Attorney Improves Your Evidence
An experienced personal injury attorney can take a stack of documents and build a strong case out of them. Lawyers search for missing reports, take depositions from witnesses, and ensure medical records and photographs are consistent with your version of events.
Attorneys also protect you from expensive errors, such as exchanging incorrect information or missing essential deadlines. An attorney also knows Texas state laws to ensure that the evidence you present is complete and ready to face examination.
