If you are involved in a car accident, you must know what to do directly afterward. This includes gathering information and evidence that can help you file a personal injury claim.
In Atlanta, where car accidents are common, several rules and laws apply when filing a claim. If you want your claim to adhere to them, you need a skilled car crash lawyer.
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What Does the Law Say?
Like the rest of Georgia, Atlanta enforces modified comparative negligence rules. If you are partially to blame for a crash, your settlement will likely be reduced. But, if you are more than 50% at fault, you may not be able to claim compensation at all.
If you are eligible for a settlement, the at-fault party’s insurance company will want to see indisputable evidence of their client’s negligence. Should the insurer not want to settle and the case go to court, the judge and jury must also see this evidence.
Over the years, technology and data analytics have entered the personal injury arena. Evidence that was not available in the past (or was overlooked) can now make all the difference in our case. This includes things like vehicle telematics and car dashcams.
It is important to know how these factors will affect your legal case and how they fit into the overall set of laws.
Crucial Evidence in a Car Accident Case
If you want to win your case, you must have the right evidence. You also need enough of said evidence. The most common types of evidence that insurers and courts look for include:
- Photos and videos. If you took videos and photos of the accident scene, it can count in your favor. However, you must take photos that will count as evidence.
This includes images of the damage to all involved vehicles and the positions of the vehicles on the road. Other photos that can help your case will depict skid marks, infrastructure damage, and broken traffic signals.
It shouldn’t be too hard to get evidence this way because dashcams, surveillance footage, and cell phones are everywhere.
- Police report. The official accident report is one of the most important of all the documentation you need for your case. This report includes the responding police officer’s assessment of the accident scene. It will also detail their observations about who may be to blame for the crash.
Most accident reports include witness statements, which can also benefit your case. - Eyewitness testimony. Speaking of witness statements, having eyewitnesses’ contact details can strengthen your case. An eyewitness who saw what happened can confirm your version of events. They can also provide an outsider’s perspective on how the accident happened.
- Medical records. You need to see a doctor if you were injured in the accident. Ideally, you should go to the ER or hospital directly after the crash. But, even if you go the next day or week, ask for a copy of whatever medical records are created.
You should be able to get an electronic version of your medical records. If you don’t know how to do this, ask your lawyer to help you.
Remember to include photos of visible injuries with your medical records. This can help prove the severity of your injuries and, by default, the accident’s impact.
- Repair estimates. You must also prove that the accident caused damage to your vehicle (if you want to include these damages in your claim). You will likely need photo evidence of your car’s condition before the crash.
You can include maintenance records with the photos to prove your car was undamaged before the accident. This is another way to link the accident to your losses.
- Expert testimonies. If the at-fault party’s insurer disputes their client’s role in the accident, you may need expert testimony to prove it. Reconstruction specialists use physical evidence and other elements to piece an accident together.
You may also need an expert witness to interpret the above evidence. They can help determine the severity of the accident’s impact and how plausible your version of events is.
Moving Forward With Your Case
If you want your case to succeed, you need to consult a lawyer who can help you assemble the required evidence. Your lawyer will also give you broad and personalized advice regarding your case. This will help you make the right decisions as you move forward with your claim.
Furthermore, your lawyer will also help you see how each piece of evidence builds your case. Knowing how each piece fits will make you more confident when fighting for your rights alongside your lawyer.
