Being involved in a car accident is a traumatic experience that can leave you shaken and unsure of what to do next. However, gathering the right evidence for your car accident claim is crucial to protecting your rights and securing the compensation you deserve.
As experienced New York car accident attorneys, the team at the CEO Lawyer Personal Injury Law Firm wants to ensure you’re prepared to collect the necessary crash evidence at the scene.
1. Photographic and Video Evidence
One of the most critical pieces of car accident proof is visual documentation of the scene. Use your smartphone to take numerous photos and videos of:
- Damage to all vehicles involved, both interior and exterior
- Accident scene details like skid marks, debris, road conditions, and traffic patterns
- Surrounding traffic signs, lights, and road markings
- Visible injuries suffered by you and any passengers
- The other driver’s license plate and vehicle make/model
Be sure to capture multiple angles and close-up shots of key details. The more comprehensive your visual evidence, the stronger your case will be.
2. Police Report
Always call law enforcement to the scene of an accident, even if it seems minor. The responding officer will create an official New York police report detailing critical facts about the incident, such as:
- Date, time, and precise location of the crash
- Contact and insurance information for all involved parties
- Statements from drivers, passengers, and eyewitnesses
- Citations or violations issued to either driver
- Initial assessment of fault based on the evidence at the scene
You have the right to obtain a copy of this report, which will serve as crucial evidence in your claim. Contact the police department in the days following your accident to request the report.
3. Witness Statements
Objective third-party accounts can provide powerful evidence for your car accident claim. If there were pedestrians, other drivers, or nearby residents who witnessed the crash, approach them to gather the following information:
- Full name and contact details (phone number, address, email)
- Brief recorded statement about what they saw, heard or experienced
- Willingness to provide an official statement or testimony if needed
Witness statements can help corroborate your version of events and prove that the other driver was at fault. Your attorney may follow up with these individuals for more formal testimony to support your case.
4. Medical Records and Bills
If you suffered injuries in the crash, your medical records and bills will be essential evidence of the extent of your damages. Keep careful track of all treatment related to the accident, including:
- Ambulance and emergency room records
- Hospital admittance and discharge paperwork
- Imaging scans like X-rays, MRIs, and CT scans
- Surgical reports and anesthesia records
- Doctor’s notes and recommendations
- Prescribed medication and medical devices
- Physical therapy and rehabilitation records
- Mental health treatment records
- Itemized bills and insurance statements
Maintaining thorough documentation of your injuries and treatment will be critical to proving the financial impact of the crash. Your attorney will use these records to fight for full compensation for your medical expenses, lost wages, and pain and suffering.
What if The Other Driver Refuses To Exchange Information?
If the other driver is uncooperative or flees the scene, do your best to document any identifying details like their license plate, vehicle make/model, and physical description. Report this information to the police immediately, along with the exact time and location of the accident.
If there are eyewitnesses, ask for their contact information in case their testimony is needed to track down the at-fault driver.
Should I Notify My Insurance Company About the Accident?
Yes, you should promptly report the accident to your insurance carrier, even if you weren’t at fault. However, stick to the basic facts of what happened and avoid admitting any blame or speculating about injuries.
If the other driver’s insurance contacts you, direct them to speak with your attorney. Never give a recorded statement or accept a settlement offer without consulting your lawyer first.
What If My Injuries Don’t Show Up Right Away?
Some common car accident injuries like whiplash, concussions, and internal bleeding may not be immediately apparent. It’s crucial to get checked out by a medical professional as soon as possible after a crash, even if you initially feel fine.
Prompt diagnosis and treatment will be essential to your physical recovery and any legal claim. Be sure to attend all follow-up appointments and carefully document your symptoms and medical care.
What if The Accident Was Partly My Fault? Should I Still Gather Evidence?
Yes, even if you think you might be partially responsible for the accident, it’s essential to gather as much evidence as possible at the scene. In New York, you can still seek compensation even if you’re partially at fault, thanks to the “pure comparative negligence” rule.
However, your compensation will be reduced based on your degree of fault. Strong evidence can help minimize your liability and maximize your potential recovery.
Can I Use My Own Dashcam or Surveillance Footage as Evidence?
Absolutely. If you have a dashcam or other personal recording device that captured the accident, this footage can serve as powerful evidence for your car accident claim.
Be sure to preserve the original video file and make multiple backups. If nearby homes or businesses have security cameras that may have filmed the crash, your attorney can work to obtain this surveillance footage before it’s deleted.
What if the Police Report Contains Errors or Omissions?
While police reports are important crash evidence, they are not always 100% accurate. If you spot mistakes or missing details in the official accident report, let your attorney know right away.
Your lawyer can work to correct the record and ensure that any inaccuracies do not harm your claim. Providing your own written account of the crash, along with photos and witness statements, can help clear up any discrepancies.
How Can I Document My Pain and Suffering After an Accident?
Keeping a post-accident journal is a valuable way to prove your non-economic damages like pain, emotional distress, and diminished quality of life. In this journal, record details like:
- Your daily pain levels and physical limitations
- Medications and treatments you receive
- Doctor and therapy appointments
- Missed work and social activities
- Emotional struggles and mental health challenges
- Impact on your personal relationships and enjoyment of life
The more specific and consistent your entries, the stronger the evidence to support your pain and suffering claim.
What if the At-Fault Driver Was Uninsured or Underinsured?
Even if the other driver lacks sufficient (or any) insurance coverage, you may still have options for recovering compensation. If you have uninsured/underinsured motorist (UM/UIM) coverage under your auto policy, you can file a claim with your insurer.
If not, you may need to pursue legal action directly against the at-fault driver. An experienced attorney can help you explore all potential sources of recovery and build the strongest possible case.
Can Social Media Posts Be Used as Evidence in My Car Accident Case?
Yes, social media activity can potentially be used as evidence in your claim, but not always in your favor. Insurance companies and defense attorneys may scour your profiles for posts, photos, or videos that could be used to undermine your credibility or dispute the severity of your injuries.
To protect your claim:
- Avoid posting anything about the accident or your injuries
- Set all profiles to the strictest privacy settings
- Don’t accept new friend/follower requests from unknown individuals
- Never discuss your case with anyone online
- Consider suspending your accounts during your claim
If you have any concerns about your social media presence, discuss them with your attorney right away. Your lawyer can advise you on how to prevent this evidence from being used against you.
What if the Accident Involved a Hit-And-Run Driver?
If you’re the victim of a hit-and-run, gathering evidence becomes even more critical to identifying the at-fault driver and securing compensation. Immediately after the accident, try to:
- Write down any details you remember about the fleeing vehicle and driver
- Ask eyewitnesses for their account of what happened and any identifying information they recall
- Check for nearby surveillance cameras that may have captured the crash or the vehicle’s license plate
- Call the police right away to file an official report and request an investigation
If the driver cannot be located, you may need to turn to your auto insurance for coverage. Your attorney can help you explore options like uninsured motorist claims and guide you through the process of proving your hit-and-run case.
How Long Do I Have to File a Car Accident Lawsuit in New York?
New York’s statute of limitations for most car accident lawsuits is three years from the date of the crash. However, claims against government entities have shorter deadlines, and other exceptions may apply.
To protect your right to compensation, it’s best to consult with an experienced attorney as soon as possible. Your lawyer can ensure that all filing requirements and deadlines are met.
Do I Really Need a Lawyer for My Car Accident Claim?
While you’re not legally required to hire an attorney, having experienced legal representation can make all the difference in the outcome of your case. Insurance companies are not on your side and will often go to great lengths to minimize or deny valid claims.
An expert New York car accident attorney will thoroughly investigate your crash, gather and preserve key evidence, handle all communications with the insurer, and aggressively negotiate for the full and fair compensation you deserve.
At the CEO Lawyer Personal Injury Law Firm, we have a proven track record of success in handling complex car accident claims throughout New York. Our dedicated legal team will guide you through every step of the process and fight tirelessly to maximize your recovery.
If you or a loved one has been injured in a car accident, don’t wait to seek legal representation. Contact us today at (516) 689-1132 or request a free consultation online to discuss your case.
We’re available 24/7 and work on a contingency basis, so you pay no fees unless we win for you. Call now, and let us put our expertise to work for you.
