You’ve probably seen a movie or television show where a lawyer brings a surprise witness into the courtroom at the last second to save the day. In real life, there are no surprise witnesses. However, these movies and shows get one thing right: good evidence is the only way to win a case.
This article talks about the importance of evidence in your Alabama car accident case, including which types of evidence are helpful in a car accident claim and why. Read on to learn more about the role of evidence in Alabama car crash cases.
Why Evidence Matters in Car Accident Cases
In a personal injury case, the person who is hurt is called the plaintiff. The person who caused the injury is called the defendant. In the American system, the plaintiff has the burden of proof. This means that the plaintiff has to convince the jury that they should win. Plaintiffs do this using evidence.
To win your Alabama personal injury case, you’ll need to prove that the other driver was negligent. To prove negligence, you’ll need to show four things:
- That the other driver had a duty to drive in a specific way;
- That they failed to fulfill that obligation;
- That you suffered an injury; and
- That the other driver’s failure was directly responsible for your injuries.
The first two factors above can be called “fault.” The second can be
considered “damages.” Evidence is key to both.
Car accidents often involve disputes over fault. After the accident, your insurance company and the other driver’s insurance company will want to know who caused the accident. You’ll need to convince them that the other driver was at fault. Evidence can help you prove who was truly to blame.
If you can prove fault, you’ll be entitled to damages. Evidence can show, for instance, the type, number, and severity of your injuries. Evidence can also prove that the car accident either caused new injuries or made pre-existing injuries worse. On the other hand, if you claim that you suffered whiplash after the accident but there is no evidence to that effect, you probably won’t receive any damages for that injury.
Evidence can also indirectly help (or hurt) your case. For example, if the only support for your case comes from two witnesses who couldn’t see the accident and have conflicting stories, your chances of winning are slim. However, if your witnesses had clear lines of sight and agree on the key facts, your odds are much better. Generally, a case with strong evidence – in both quantity and quality – will get a higher settlement or verdict than a case with weak support.
Types of Evidence in Alabama Car Accident Cases
The items below are some of the most important types of evidence in Alabama car accident cases.
- Police Reports – In Alabama, police reports are usually not admissible in car accident trials. Yet, these reports often contain detailed information, which can be helpful during settlement negotiations and other out-of-court discussions.
- Photographs and Videos – Pictures and videos can be powerful evidence. Photos of the accident scene, including details such as skid marks, road signs, traffic signals, and the weather, can help investigators and experts determine the causes of the accident. Security footage and dashcam videos can also shed light on who was at fault. Additionally, photos can show the extent of your injuries.
- Witnesses – Juries love to hear eyewitness accounts. Most witnesses won’t know you or the other driver, so their neutrality adds to their credibility.
- Medical Records – It’s nearly impossible to receive adequate damages without medical evidence. Your medical records will show the connection between your injuries and the car crash. Without solid support, the other driver will argue that something else, such as a pre-existing injury, is responsible for your injuries.
- Expert Testimony – Some cases require expert testimony. An expert witness is someone who offers a professional opinion on scientific and technical issues in a case. A car accident case might rely on accident reconstruction experts, medical experts, or mechanical experts. Expert testimony can be helpful in cases where the other side constantly disputes the causes of the accident or the severity of your injuries.
How Do I Collect Evidence After a Car Accident?
Fortunately, you won’t be solely responsible for gathering evidence. Your Alabama accident attorney will investigate your case on your behalf. They will also be responsible for locating any expert witnesses. However, there are a few things you can do that will help your attorney:
- At the scene
- Take pictures and videos of the accident scene as soon as you can safely do so. Get multiple pictures from a variety of angles. Don’t forget to take pictures of your injuries.
- Get the names of any witnesses.
- In the days and weeks after the accident
- Follow up with witnesses to verify their contact information.
- Keep a record of all medical visits related to the accident.
- Place medical bills and any receipts for other accident-related expenses (property damage, car repair) in a safe place. Keep them organized.
These are just a few pieces of evidence that could be relevant in a personal injury claim. However, every case is different, so ask your Alabama injury attorney about the types of evidence you should be collecting.
More Questions About Evidence in Your Car Accident Case?
Dealing with the aftermath of a car accident can be overwhelming. This is especially true when it comes to gathering and preserving evidence. If you have questions about the role of evidence in your accident case, contact Collins Law. Our firm’s founder, April H. Collins, is regarded as one of Birmingham’s best personal injury attorneys. Our team will conduct a thorough investigation to build a strong case on your behalf. We’ll fight to get you the compensation that you deserve. To learn more about how Collins Law can help you, schedule a free consultation by calling 205-588-1411 or using our website’s online scheduling tool.