Types of Evidence Used in a Car Accident Case

By Osborne & Francis
July 18, 2024

In a car accident lawsuit, the injured party, or plaintiff, must present evidence to meet the burden of proof. In civil court, the burden of proof is a preponderance of the evidence. This means that if you were injured in a car accident that was caused by someone else, you need to be able to demonstrate that they are more likely than not liable in order to recover compensation for your damages. Evidence may take the form of a written statement, pictures, models, testimony, or other documentation that supports your claim.

At Osborne &  Francis, we thoroughly explore all avenues for evidence, compile various types of evidence into a cohesive narrative, and negotiate for the maximum compensation. Our team can provide expert legal insight based on our years of experience and success. We encourage you to reach out to us at (561) 678-0156 or contact our offices in Boca Raton or Orlando to schedule a free case evaluation for help building a car accident claim to recover the compensation you deserve.

Statements from Involved Parties Provide Valuable Insight

After being involved in a car accident, you will almost certainly be asked to make at least one statement if you decide to pursue a personal injury claim against another driver. Statements give both parties the opportunity to tell their version of events and add nuance that may be missing from other sources like video evidence.

You should expect that your statement will be directly referenced by your car accident attorney as a way to support your claim, as well as by the defendant’s attorney as a way to undermine your claim for damages. As your car accident attorneys, we will help draft your statements about the auto accident and prepare you for any deposition you may be asked to give. 

Eyewitness Statements Can Offer Context and Clarity

If you are able to, it is beneficial to collect the contact information of anyone who witnessed your car accident because it can be helpful to have a third party’s perspective to validate your claim. In many cases, car accident attorneys will turn to witnesses of the accident to gather additional details that you may have forgotten or been unaware of. Eyewitness testimony can offer details that cannot be seen on video, or offer valuable interpretations of the events that occurred.

Personal Pictures and Videos Often Constitute Critical Evidence

As car accident attorneys, we recommend documenting the scene of your auto accident as thoroughly as possible with both pictures and video after you have received medical attention. This provides us with information about what road hazards were present, what the posted speed limit was, whether or not the airbags deployed, what the weather conditions were, if there were skid marks where a car tried to brake, and numerous other minute details that can help us determine liability.

Other Pictures and Videos Provide Necessary Information

While having your own record of the car accident scene is certainly helpful, having video evidence of the auto accident happening in real time is an ideal source of evidence. Additional sources of visual evidence may include footage from security cams, dash cams, Ring doorbells, or an eyewitness’s phone. This can give your car accident attorney an additional angle to consider, as well as a record of the event to establish liability.

Expert Witnesses Can Validate Your Car Accident Claim

It is not uncommon for a car accident attorney to engage the services of an expert witness to explain technical details or lend credibility to their client’s testimony. Expert witnesses can offer a professional interpretation of things like whether the injured party is likely to recover fully, how weather conditions may have impacted the car accident, or how the plaintiff’s injuries have impacted their mental health.

Accident Reconstruction is A Valuable Tool

In order to visualize a complicated car accident scene, an auto accident attorney may enlist the help of an accident reconstructionist for their own investigation of the claim or to demonstrate a point to the judge and jury. An accident reconstruction can be a 3-D model or a digital rendering, and it can include a variety of features, such as traffic signals, cross walks, lane lines, and speed limit signs.

Police Reports Serve as a Credible Third Party Source of Information 

After a serious car accident, you should consider filing a police report. They will have the skills and equipment necessary to properly document the scene of the car accident, including taking pictures, speaking with eye witnesses, and noting injuries. If you decide to pursue a personal injury claim, having a detailed police report can offer an unbiased third party perspective of the car accident.  

Medical Records Provide Critical Context in Car Accident Claims

Perhaps one of the most important types of evidence in a car accident claim are medical records. Medical records can verify that your injuries were a direct result from the crash, which is essential to establishing a chain of causation. They can also help a car accident attorney calculate the value of a plaintiff’s damages. 

Medical records and bills can confirm the cost of services like lab testing or medical imaging. Personal injury lawyers can also use medical records to extrapolate the future costs of your treatment to ensure that they negotiate for a settlement that covers future expenses as well. 

Why Should I Choose Osborne & Francis to Represent Me?

If you have been seriously injured or lost a loved one in a Florida car accident, you should consult with a personal injury lawyer who specializes in auto accident claims. The car accident attorneys of Osborne & Francis have been supporting clients across central Florida for several years with great results

As your car accident attorneys, we will thoroughly investigate your claim to obtain the evidence required to establish liability and recover compensation for damages. We don’t shy away from complex claims, and you can depend on us to set realistic goals for your settlement. Dealing with the physical, financial, and emotional repercussions of a car accident injury is difficult enough on its own without taking on the additional burden of negotiating a personal injury lawsuit by yourself.

Osborne & Francis are Here to Help You Build a Strong Car Accident Case

In the aftermath of a car accident, you need a tenacious advocate who will negotiate with stubborn insurance companies to ensure that you receive a fair settlement. Our team has been doing just that for nearly a decade. We are committed to putting the needs of our clients front and center when negotiating for maximum compensation.

The trial attorneys of Osborne & Francis are well suited to pursue this fight to its completion, even if that means taking your claim to court to get you the compensation you deserve. You can count on our team to protect your right to pursue compensation for your injuries and damages. Our team is available to schedule a free consultation for you with one of our car accident attorneys to discuss the process of filing a personal injury claim, what evidence you may have, and what your claim may be worth. For additional details, we encourage you to reach out to us at (561) 678-0156 or contact our offices in Boca Raton or Orlando to schedule your free case evaluation.

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