The moment a car accident is over, evidence begins to deteriorate. Things get moved, memories start to fade, and the longer you wait to gather evidence, the harder it is to successfully demonstrate what happened. Here’s some advice from a car accident lawyer in Houston, TX on how to document evidence at the scene, if you’re safely able to do so.
First Things First: Prioritize Safety and Seek Help
Before anything else, ensure the safety of yourself and anyone involved in the accident. If there are injuries, call emergency services right away. If the vehicles are blocking traffic or creating a hazard, move them to a safe location if possible. Once the immediate danger is addressed, exchange contact information with the other driver(s) and any witnesses. All this must be done before you start gathering evidence.
Second, while it’s true that evidence deteriorates, you must never compromise your health and safety by trying to gather it when you should be on your way to the ER. If you’re badly injured, have a friend help you or contact a car accident lawyer to get them involved as quickly as possible.
How Do You Document Evidence at the Scene of a Car Accident?
Capture Visuals
Your smartphone becomes your most valuable tool here. Take comprehensive photographs of the entire scene. This includes:
Vehicle Damage
Capture close-up shots of all damage to your car and the other vehicles involved, from different angles. Include any debris that’s scattered around.
Accident Location
Take wide-angle shots of the overall scene showing the positions of the vehicles, traffic lights, street signs, and any nearby landmarks.
Skid Marks and Road Conditions
Photograph any skid marks on the road, noting their direction and length. Take pictures of the road surface itself, highlighting any potholes, gravel, or weather-related factors that might have contributed to the accident.
Injuries
If you or others have sustained injuries, it’s important to document them as soon as possible. Take photographs of visible injuries and write down any pain or discomfort experienced. This documentation can be crucial for medical claims and potential legal cases.
Talk to Witnesses
While photographs and physical evidence paint a static picture of the accident scene, witness testimonies breathe life into the narrative. Their observations can provide valuable context and corroborate your version of events. Here’s how to effectively talk with potential witnesses:
1. Approach Calmly and Respectfully
Immediately following an accident, emotions run high. Approach potential witnesses with calmness and respect. Don’t rush at them, yell in their faces while pointing at the other drive, make demands, or get angry if they don’t immediately “take your side.” You’ll only alienate them.
Remember that they, too, are a bit “shell-shocked” by what they’ve just seen, so give them a moment to process. Briefly introduce yourself and explain you’d like to gather their account of the incident. Most people are willing to help, especially if you assure them their assistance will be confidential.
2. Ask Open-Ended Questions
You can ask if the witness would mind you recording the conversation on your phone. Whether they say yes or no to this, avoid leading questions that might sway the witness’s recollection. Instead, ask open-ended questions that encourage detailed responses. Examples include:
- “What did you see happen just before the accident?”
- “Can you describe the positions of the vehicles involved?”
- “Did you notice anything unusual about the road conditions or the drivers’ behavior?”
- “Are there any specific details you remember that stand out to you?”
3. Take Detailed Notes
Don’t rely solely on your memory. Take thorough notes of the witness’s responses, including their exact words whenever possible. Note down the time you spoke with them and any identifying information, like their name and contact details.
4. Be Respectful of Time Constraints
Understand that witnesses may have limited time or be dealing with their own concerns. Be mindful of their availability and express your appreciation for their cooperation. When you make everything about you, people tend to move away. When you show interest and concern in their needs, you inspire them to help you in turn.
5. Don’t Pressure or Coerce Witnesses
Never pressure or coerce a witness to say something they are not comfortable with or unsure about. Remember, any perceived pressure can cast doubt on the validity of their testimony.
Document the Details
In addition to taking pictures, you should also jot down essential details in a clear and concise way. Things written down very soon after the accident are more likely to be accurate memories than if you try to recall things much latter. Some of what you should document include:
Date and Time
Immediately write down the exact time that things went down. You might not believe it, but even a few minutes discrepancy in your account and the other driver’s can become a major point of contention.
Weather Conditions
The weather can change in an instant, so immediately record what the weather was like. By the time the police arrive, the rain or snow could have stopped or the winds might have died down.
Police Information
If the police were called, note the officer’s name and badge number. Obtain a copy of the police report later if possible.
Witness Information
If there were any witnesses, collect their names, contact information, and a brief description of what they saw.
Preserve Physical Evidence
Finally, and only if possible, gather and preserve any physical evidence that might be relevant to the accident. This could include:
Broken Glass, Car Parts, and Debris
Place these in a bag or container to prevent further damage or loss. Take a picture of them that shows their positioning before you pick them up. Don’t do this until the police have finished, however.
Traffic Tickets or Citations
Keep any citations issued to you by the police.
Medical Records
If you receive medical attention, get copies of your medical records related to the accident soon as you can.
How Your Houston, TX Car Accident Lawyer Will Use Evidence
Documenting evidence after a car accident will help you defend your rights after the accident, whether you’re being accused falsely of causing the accident or are fighting for fair compensation for your losses. Here’s how it helps:
In Determining Fault and Liability
Evidence, including photographs, witness testimonies, and physical samples, helps establish what happened and who was responsible, and this is important for determining fault and assigning liability for the accident. Clear and detailed documentation strengthens your position in pursuing compensation for damages, whether through insurance claims or legal action.
For Building a Stronger Case
In the event of a lawsuit, the evidence you gather will become the foundation of your case. Photographs, witness statements, and medical records provide tangible proof of the accident, the extent of your injuries, and the financial losses you incurred. A well-documented case with compelling evidence can significantly increase your chances of a favorable outcome.
In Protecting You from False Claims
The other party involved in the accident, their insurance company, or even third-party witnesses might present conflicting accounts of the events. Having documented evidence, like photographs of skid marks or traffic signal timings, can help counter false claims and protect your credibility.
In Negotiations with Insurance Companies
Insurance companies often rely on limited information and witness statements to assess claims. Thorough documentation, including detailed photographs and witness testimonies, empowers your lawyer to negotiate a fair settlement that accurately reflects the damages you suffered.
If you’ve been in a car accident, don’t try to deal with things alone, even if you have gathered evidence. Let your lawyer take that evidence and craft a compelling narrative that protects your rights. Contact us at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner
today to learn more.