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The information you gather in the initial 20 minutes post collision will be more significant than what you tell an insurance adjuster three weeks later. Memories can fade, tire tracks can get run over, and security camera video can be recorded over. The records you obtain at the scene, or don’t obtain, determine every legal case that comes after.
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Do not only take photos of the dented bumper. Photograph all four corners of each car implicated, including the panels with no damage. This will provide accident reconstruction specialists with all the details about the position of the vehicles at the time of the collision and will help them determine the angle and speed of the crash.
Immediately take a picture of the license plates. Afterward, photograph the VIN numbers visible through the windshield. If there is any dispute about who was driving the other car, photograph its interior. Get every shot before anyone pulls off to the side of the road. Once vehicles move, so does your evidence.
While this may not seem like evidence-gathering at first, it is. Issues such as whiplash, soft tissue damage, and internal bruising may not show symptoms right away. You put off going to the doctor for four days, and the insurance company can argue that your condition was caused by something else.
A prompt medical exam creates a time-stamped document linking your health directly to the crash. The attorneys at Bruning Law Firm can tell you how those medical records become the foundation of your injury case. When it comes to comparative negligence in most areas, your payout can be reduced if it seems like your own behaviors, including waiting to get treatment, made your injuries worse.
Many people just exchange insurance cards and are satisfied. But that’s insufficient. You’ll want the other driver’s license number, their personal phone number, and the names of any passengers who could potentially be witnesses later on.
Also, don’t depend solely on written notes. Record a voice memo on your phone of your immediate recollection of the event, the weather, whether the traffic lights were on, any road conditions you may have noticed, etc. Do this while you’re still at the scene. After all, human error contributes to 94% of all car crashes (NHTSA), so someone’s recollection of what happened will likely be disputed. Your real-time audio memo is much more credible than a written statement you recollect days later.
Look around to see if there are objects or cameras that could have captured the accident. Security cameras from businesses, doorbell cameras from houses, or even pole-mounted traffic cameras could have recorded what happened. Take pictures of the camera equipment in case you or your lawyer need to send a preservation request before the recording automatically deletes or records over itself.
Most businesses and homeowners recycle camera media within a day or two. If you don’t report the footage that could show what happened until the end of the week, it will probably be too late. Just identify the name of the business or homeowner and the general location and direction of the camera to your lawyer. Most attorneys know how to draft and send these requests in a hurry.
Tracks left by braking or skidding are road marks that give evidence of the braking distance which in turn says a lot about the speed. Photograph those tracks immediately and include some sort of scale or size indicator, a coin, your hand, anything that provides context. If the wreck happened at or near an intersection, document the signal sequencing and whether any signage was obscured.
Modern vehicles have “black box” data that records speed, braking, and other factors in the moments before a collision. That data can be preserved and read, but it will likely require a legal hold request via an attorney prior to the vehicle being repaired or possibly scrapped. Jot that down as one of the first things to bring up when you talk to legal representation.
After you have collected everything mentioned above, the next step is to show it to someone who can evaluate what you truly possess. Your attorney will examine your paperwork and inform you of what additional evidence you should seek, such as making a black box data request, or sending letters to ensure all camera footage is preserved, before the statute of limitations on the case runs and it’s too late.
The difference between a solid case and a weak one typically isn’t the crash itself. It’s what the victim did in the hours and days following it.
You’ll be shaken. The other driver may be agitated. Traffic may be moving nearby. None of that changes what you need to do. Work through it methodically, vehicles, driver information, witness details, road conditions, cameras, medical care. Each item takes under two minutes if you know what you’re looking for.
The evidence you preserve at the scene is the evidence your claim will stand on. There’s no recovering what you didn’t collect.
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