Category: Car Accident

Man taking photo of car accident damage evidence with woman on phone.

What Kind of Evidence Is Used in a Car Accident Case?

If you have been the victim of a car accident, it’s important to immediately gather as much evidence as possible. The more comprehensive your car accident evidence is, the greater chance you have of establishing the validity of your claim and receiving fair compensation. This will require documentation to support your claim. The more you have, the easier it is for your attorney to represent your interests with the insurance company.

If you have been in a car accident and are uncertain of what documentation you should obtain, below details what car accident evidence can best establish your case.

Contact Information of Witnesses

When you have been in an accident, you should collect the names and contact information of any witnesses, including passengers in all vehicles involved. An attorney will need this information to gather official statements from witnesses. This will help determine who is at fault.

It’s also best to call the police. Help may be needed to address any injuries or damage, but even in a minor accident, it’s beneficial to have an official police report. A police report at the time of the accident will further determine which driver is legally at fault.

Details from the Scene of the Accident

Accidents are scary and can be disorienting with the stress and trauma of the incident as well as any physical damage or injuries sustained. Even though it can be difficult to think of everything in the moment, it may be harder to remember important details later. In an effort to keep the facts straight, you should record as much evidence as possible from the scene of the accident. This includes taking photos of the accident and taking notes of what you remember and what was witnessed as soon as you can after the accident.

It’s also important to gather necessary information from any other drivers involved, including their names, addresses, driver’s license numbers, insurance information, and vehicle plate numbers. If it’s a company vehicle or they are driving for an employer, make sure to document the company name and contact information.

Photo or Video Documentation

Photographic evidence or videos will help with presenting a clear claim. Make sure to document any damage or injuries. Take pictures of the accident and any damage to your car. If you or anyone else in the car has suffered injuries as a result of the accident, make sure to take photos of these injuries. It will also help to keep a written record of these injuries and damages, corroborating the photos.

Records of Damage

A portion of fair compensation will include vehicle damage. In order for your attorney to determine what is fair compensation and to support the validity of your claim, keep all documents concerning vehicle damage. Keep copies of receipts for car repairs and rentals.

If you recently upgraded components of your car prior to the accident, provide copies of receipts detailing the work done and showing the date preceding the accident. This could include work on the engine or recently replacing the vehicle’s tires. This increases the value of your car at the time of the accident and reflects what compensation your attorney will fairly seek on your behalf.

Medical Records and Proof of Payment

If you have suffered an injury as a result of a car accident, it’s important to receive timely medical treatment. Not only is it critical to recovery, but it also proves the extent of your injuries and that nothing in the claim is falsified. Keep careful records of all treatment received as well as documents noting the nature and extent of your injuries. Make sure to also include all receipts for payments made. These records will document the medical expenses as well as the extent of your injury.

Once you have finished your treatment, request a complete history of these medical records. It’s important to request copies throughout the process, but once you have received treatment, you can obtain comprehensive records. These may include medical bills, diagnostic images, medications, and other applicable treatments or care.

Written Accounts

Additionally, keep written accounts of your injuries, experiences, and treatments. Who did you see? What was your treatment? What were you required to do post-visit to aid recovery? Were you required to pay anything? What was your experience like? Journaling about the events of the accident, your experiences, and any damage or injuries will help you keep a clear timeline and record of events. It will aid in building your case, as well as prevent you from forgetting important details.

Car accident victims may experience “pain and suffering.” This includes physical injury as well as mental pain and suffering. This is an important component of a personal injury claim and calculates in the claim settlement. Keeping a written journal of things such as loss of sleep or appetite, depression, difficulty in returning to work, or any related pain and suffering will help determine fair compensation and a better resolution.

Proof of Lost Wages

If a car accident has resulted in missing days of work, then you may be entitled to compensation for lost wages and income. Gather pay stubs, W-2s, and any other information that shows missed days of work and what compensation you typically receive as part of your car accident evidence.

Proof of Burden

The burden of proof lies with the person seeking damages. If you are the injured party, then you must prove the other driver was at fault. All of the preceding evidence will help prove the validity of your claim.

After experiencing a car accident, an attorney will guide you in filing a claim and ensuring you have all the proper documentation. They will defend your interests with the insurance company, as well as present your case in court if a desirable settlement is not reached.

The experts at Warren Allen LLP offer sound legal advice and representation to help you receive the best resolution possible. Contact our firm today and learn what your options are. We are here to help you receive fair compensation so you can focus on recovery.

 

African American man holding neck with personal injury after car rear-ended.

5 Most Common Car Accident Injuries and How a Personal Injury Lawyer Can Help

If you’ve ever been in a car accident, you know how traumatizing of an event it can be. In the best-case scenario, you only need to worry about some damage to your car. It might cost a bit of money to have it repaired, but at least you made it out alright. If you sustain a personal injury, though, things get much more difficult.

After you suffer an injury, your first priority should be healing and recovery. But when it comes about due to a car accident, you may be lacking in both the time and money to do that. There are reports to complete, claims to file, all while you should be focusing on your own well-being. If you find yourself getting overwhelmed in the aftermath of an accident, a personal injury lawyer might be just what you need.
With legal representation, you have an advocate who can take some of the work off your plate while also ensuring you get any and all financial compensation you may be owed. Below you’ll find a few of the most common car accident injuries as well as how a personal injury lawyer can help.

1. Whiplash

A car accident can subject the body to a large and sudden amount of force, leading to injuries that might be less apparent in the first moments after. If some time passes after and you find yourself dealing with neck pain or discomfort, you may have sustained whiplash. It’s a condition resulting from sudden stress or strain put upon the muscles, tendons, and ligaments in your neck.

While whiplash is more often than not temporary, it can take up to a few weeks for it to heal. It’s not a bad idea to have it looked at by a physician. With a personal injury lawyer helping you, you can seek aid to cover any medical bills that might arise from the accident. Should the injury turn out to be more severe, they can also help present this in your claim. That way your claim will stay up-to-date and accurate and you can receive the correct amount of compensation.

2. Back Injuries

Back injuries, like whiplash, may not be noticeable until sometime after a car accident. Unlike whiplash, a back injury can be significantly more serious and end up requiring medical attention. The sudden impact can cause ruptures or herniations along your spine, leading to pain and a loss of mobility.

If you experience persistent back pain after a car accident, it’s wise to visit an orthopedist for a full assessment. Back injuries can worsen if left alone, making an early examination the difference between a few weeks of back pain and a chronic condition. While specialized care can be costly, working with a personal injury lawyer will help you establish what your needs are and secure compensation to cover them.

3. Broken Bones

While not frequently seen in milder accidents, broken bones are a common outcome of many collisions. The bone (or bones) broken, along with the severity of the break, varies depending on the circumstances of a collision. Knee fractures can come about from slamming into the console, arms or legs can break if slammed or pinned against the door, and ribs can even break from the force from your seatbelt holding you in place.

Due to this variance in injury, a person’s needs after an accident will be unique to their situation. They may need a sling, a cast, or even surgery in order to set the bone in its proper place. With this in mind, it’s crucial you have help establishing the full extent of the injury in the moments after it happens. This will help your personal injury lawyer keep the facts straight when filing claims and getting you the assistance you need.

4. Concussions

If you follow any sports—or have played any yourself—you’re probably familiar with concussions. Caused by sudden impacts to the head, concussions are a common injury resulting from car accidents. If in the aftermath of an accident, you find yourself suffering from a headache, brain fog, memory loss, or just feel like your brain isn’t working like it normally does, you’ve most likely suffered a concussion. Luckily, concussions are easily treatable. The most important thing is that you get medical attention quickly. The sooner you do, the sooner you can start working on getting your brain back in order.

5. Traumatic Brain Injuries

A traumatic brain injury, or TBI, can result from the head sustaining a puncture or high amount of sudden force. Concussions technically fall within the category of TBIs, but while still serious, they are only considered to be mild cases. With a moderate or severe TBI, the consequences can be much more dire. A TBI can alter the way your brain functions, making it hard to properly regulate emotions or think clearly.

While a TBI can be treated, it can also become a lifelong condition or disability.

It’s for this reason that a personal injury lawyer can be massively important should you suffer a TBI in a car accident. A few trips to a specialist along with months of recovery are one thing, but figuring out what kind of care you’ll need for the rest of your life is another. Ongoing medical bills can quickly get expensive, but when you have a personal injury lawyer representing your interests, you can rest easy knowing your needs will be met.

What We Can Do to Help

With any injury incurred from a car accident, a personal injury lawyer can be vitally important to your recovery. From the get-go, they’ll help you get the facts of the accident straight, evaluate the extent and cost of the damages, and stay on your claim to ensure you get the full compensation you are owed. If you’re in need of a personal injury lawyer now or are interested in learning more, please don’t hesitate to reach out to Warren Allen. We’re happy to provide any information you may need.

Man and woman exchanging information after car accident.

You’ve Been in a Car Accident: Now What?

Ever heard the saying, “Hope for the best, expect the worst”? That’s the approach you have to take when it comes to car accidents. You need to prepare for the worst because the unexpected can certainly happen.

We never want to imagine ourselves or our loved ones in a car accident. But if we prepare ahead of time, we’ll have a better sense of what to expect if it ever occurs. That makes dealing with what comes next a little easier.

Warren Allen LLP has worked with many clients who have been involved in car accidents. Here’s what you need to know on-scene and what to expect afterward.

Check If Anyone Is Injured

The first thing you want to do if you’ve been involved in a car accident is to make sure everyone is okay. Check those in the car with you and any other people involved in the crash. If someone appears injured and you’re able to call for help, seek medical attention. If the situation is an emergency, call 911 right away.

Even if you don’t feel injured and decline medical attention at the time of the accident, it’s a good idea to consult with your doctor afterward. Some injuries are not immediately apparent, and some people don’t feel pain until a day or two after the accident. That’s why it’s important to get checked out on-site or to schedule an appointment with your doctor as soon as you’re able.

Move Your Car to a Safe Place

You should also make sure that if you’re in harm’s way and you’re able to move your vehicle, you do so. Always make sure you’re in the safest place possible and use your hazard lights to alert other drivers to the presence of your car. If you’re unsure whether you should move your car, ask the dispatcher for advice. Which leads us to the next step.

Call the Police

Once you have checked for injuries and called for help if necessary, you should contact the police. You will need to file a police report to start an insurance claim and to establish who is at fault for the accident.

Once an officer arrives, they will ask questions to determine what happened. Answer them to the best of your ability. If you’re unsure of the answer, it’s okay to tell the officer that.

Try to avoid making assumptions about what may have happened. Provide what details you remember, and be sure to inform the officer of any statements provided by other people that you believe to be untrue.

Also, remember to never assume responsibility for the accident on-scene. Even if you believe the accident to be your fault, stick with the facts and avoid taking the blame until the accident can be properly investigated.

Take Photos

It may take the responding officer some time to arrive. But there are things you can do while you’re waiting.

First, take photos of your car and any other cars involved in the accident. Documenting the scene may help provide evidence to bolster your claim if a dispute arises later.

You may also want to jot down a few notes about what happened in case you’re asked to recall something about the accident later on. You should also take photos of any visible injuries you have as a result of the accident.

Exchange Information

Once the officer arrives on the scene, they should collect insurance and ID information from everyone involved and help facilitate its exchange. However, you can also gather this information yourself as you’re waiting for the officer to arrive.

If you collect this information yourself, be sure to ask for the names and contact information of all the drivers and passengers involved in the accident, including driver’s license numbers. Ask for their insurance companies and policy numbers and jot down information about the cars involved, such as make, year, and model. Also, make note of the license plate numbers.

If there are any witnesses on the scene, be sure to get their contact information as well. The responding officer should provide you with a copy of the police report with the officer’s name and badge number on it, but if not, jot it down. Finally, make note of the accident location with the exact address if you have it.

Contact Your Insurance Agent

You should contact your insurance agent to file a claim as soon as possible, but you’ll want to complete the other steps first because your insurance agent will need this information to process the claim. For instance, your agent will likely ask you for the police report number and for the insurance information of the other people involved in the accident.

Your insurance agent will then go over the claims process. For example, if you require medical attention, your insurance agent will let you know if your medical expenses are included in your coverage. Your agent will also inform you of any deductible you need to pay or any other out-of-pocket expenses for which you’re responsible.

If your car is damaged and needs to be towed, your insurance agent should be able to contact a tow company for you. Your insurance agent will also have a list of repair shops for you to choose from for your repair work. And if you need a rental car, your insurance agent can make a reservation for you.

Keep a Record of Receipts

Be sure to keep a record of all receipts for expenses made as a result of the accident. For instance, if you need to take a ride share service to the rental car company, be sure to retain that receipt.

Keep a record of all expenses you incur related to the accident. Your insurance company may reimburse you for them, which is why it’s important you keep a detailed record.

Contact an Attorney

Hopefully, the above steps are the only ones you’ll need to complete. However, sometimes disputes arise over who is responsible for the car accident, and you’ll need to obtain legal representation. Or you may have suffered serious injuries as a result of someone else’s negligence, and you will need to retain a personal injury lawyer.

If either of these situations occurs, you’ll want to have an advocate on your side to help you navigate them. That’s where Warren Allen can help. We can provide advice, help you resolve disputes, and ensure you get the compensation you’re entitled to receive.

A car accident is a terrible thing to experience, but we want to make what follows go as smoothly as possible. That’s why we work to get you the best resolution we can.

 

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