Following a car accident in Texas, your actions can significantly impact your personal injury claim.
Documenting evidence in Texas car accident cases is crucial. That’s because you need to prove liability against one or more other parties before you will receive any compensation for your losses. Evidence is the foundation for your claim and can help establish facts of the accident, determine liability, and offer proof of your losses.
Read on to learn more about why you need evidence in a car accident case and what happens when you don’t have it.
If you have questions about how to proceed with a claim in Texas, consider speaking with a Texas car accident lawyer. At The Zimmerman Law Firm, P.C., we can provide answers to help you decide the best course of legal action following an accident.
Understanding the Role of Evidence in Car Accident Cases
As we mentioned, evidence is crucial in Texas car accident cases. It helps in piecing together the events leading up to the accident, identifying the parties involved, and determining who was at fault. This information is vital for insurance company adjusters and courts to make informed decisions regarding liability and compensation.
Types of Car Accident Evidence to Collect
Evidence will vary in each case because every car accident is different. However, some general types of evidence are usually available in every car accident. Examples of important evidence in a car accident case include:
- Police reports. Always call the police after an injury accident. The police report they compile will provide factual details of the accident and the officer’s opinion on who is at fault. The report will also detail any traffic violations and citations issued.
- Photographs. If you can do so safely, get photos of the accident scene, including vehicle damage, injuries, debris, skid marks, and anything else that might be important. Images provide a visual account of the aftermath that can’t be recreated later and can highlight factors like road conditions and traffic signals.
- Witness statements. Witnesses can offer unbiased accounts of the accident. Their perspectives can corroborate your version of events or provide new insights. That’s why getting contact information is essential for anyone who stopped at the accident.
- Medical records. When you sustain an injury in a car accident, you should seek treatment following the accident. You’ll want to get copies of your medical records and bills for your personal injury claim.
- Property damage estimates. The repair estimate and bill can also help your claim because it shows the severity of the impact. For example, the other insurance company argues that the accident was minor and your car had so much damage it was declared a total loss. You can use that information to support your claim for injuries and losses.
You should also consider keeping a journal following the accident. You might not see the significance at first, but it can be beneficial should your personal injury claim drag on or wind up in litigation.
The longer time goes on, the easier it is to forget little details or important aspects of your healing journey. Keeping a diary can help you recall information should you have to give a deposition or testify in court.
The Role of Technology in Evidence Collection
Advancements in technology have changed evidence collection in numerous ways. For one, dashcams can provide real-time video footage that is irrefutable. Some people will try to tell a different story about who is at fault until they learn you had a dashcam installed.
Lots of businesses and government municipalities have CCTV cameras. A company or public street surveillance camera footage might also help support your version of the accident.
Legal Considerations in Evidence Documentation
Texas car accident law allows you to collect a portion of your damages, even if you’re partially responsible for the accident. That’s because Texas is a modified comparative negligence state.
Provided you’re not more than 50% at fault, you will receive some compensation. However, what you receive will be reduced by your percentage of fault. For example, if a jury finds you 20% at fault, you’ll only receive 80% of your damages.
The other driver’s insurance company is looking for any way to reduce or eliminate their exposure. That means putting the highest percentage of liability on you as possible. If the adjuster can get liability over 50%, they don’t have to offer anything. You can refute that with solid evidence that proves your version of events.
Impact of Poorly Documented Evidence
Inadequate documentation can lead to disputes over what happened, who is at fault, and the extent of damages or injuries. When you can’t prove liability against the other driver, that party’s insurance company will likely deny your claim entirely, leaving you with the option of walking away or filing a lawsuit and leaving the decision up to a jury.
Overall, a lack of evidence can delay the claims process, reduce your potential compensation, or even result in you losing the case.
Importance of Hiring a Lawyer to Represent You
An experienced Texas car accident lawyer will guide you through the evidence collection process. It’s best to hire an attorney early on, despite what the other driver’s insurance company might tell you. That adjuster wants you to avoid hiring an attorney because they know the attorney will help protect your rights and ensure you have all relevant evidence to prove your case.
Your attorney can hire experts, such as an accident reconstructionist, if necessary. An accident reconstructionist will review the evidence and prepare a report on how they believe the accident happened. These experts’ opinions can carry significant weight in a personal injury claim, especially if it goes to trial.
Your attorney will also prepare your case for trial if the other side refuses to accept liability or negotiate a settlement. You need a strong legal advocate if you plan to file a lawsuit.
Contact a Texas Car Accident Attorney Today
Properly documenting evidence in a car accident is more than just procedural; it can make or break your case. Fortunately, the skilled legal team at The Zimmerman Law Firm, P.C. can help. With over 80 years of combined legal experience, we understand the importance of collecting and preserving evidence in car accident cases.
Knowing the types of evidence you need can improve your chances of a successful resolution. That’s why hiring a knowledgeable car accident attorney is invaluable.
To learn more about your rights and what types of evidence you need in your car accident case, contact The Zimmerman Law Firm, P.C., today to schedule an initial consultation.
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Michael Zimmerman
Michael nació en Houston, Texas. Estudió en las universidades de Baylor y Texas State, donde se licenció en Ciencias en 1987. Se especializó en Biología y en Química. Terminó su educación legal en Texas Southern University en 1990, obteniendo un Doctorado en Derecho de la Escuela de Derecho Thurgood Marshall. Fue admitido en el Colegio de Abogados del Estado de Texas en 1990.
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