By Osborne & Francis
June 29, 2023

Photographic Evidence Wins Car Accident Cases

In Florida, there are approximately 400,000 car accidents every year. Out of the almost half a million accidents that occur yearly in the state, how many are won with photographic evidence? While we can’t say we know the answer to that question for certain—we do know that photographic evidence is vital for winning car accident cases. 

What is Needed to Win a Car Accident Case?

To win a car accident case, you’ll need to be able to prove that a driver acted with negligence and caused your injuries. To prove that they’re legally liable for your injuries, you’ll have to prove the following: 

  1. They owed you a certain duty of care. This one is easy to prove, as anyone who gets behind the wheel owes this duty to others on the road. The duty of care requires us to drive safely and not endanger others with negligent behaviors. 
  2. There was a breach of duty. For example, they were texting while driving or speeding. You’ll need to prove that they were committing a specific negligent act. Photographic evidence is a huge help here. 
  3. Because of that breach, an accident occurred that caused your injuries. This is called causation, and it can be proven with doctors' notes, medical records, witness statements, and photographic evidence. 
  4. Because of the accident and your resulting injuries, you have actual damages. This can include medical bills, lost wages, and pain and suffering. 

Photographic Evidence is Hard to Dispute

Some evidence can be disputed. Insurance companies will try to deny, delay, and dispute as much as they possibly can. However, photographic evidence clearly shows what occurred, making it much harder to dispute. 

For example, a security camera video showing a driver speeding and texting clearly showcases fault. It would be very difficult for an insurance company to dispute, therefore helping to win your case. They know that if you were to bring that evidence to the court, they would lose—and potentially owe you more than if you were to settle before trial. 

Types of Photographic Evidence Used in Car Accident Cases

There are a few different types of photographic evidence categorized based on who took the images. Any type of photographic evidence is helpful to have, so don’t forget to take pictures at the scene of the accident! 

Personal Photos and Videos

We always recommend that you take as many pictures and videos at the scene of the accident as possible. Take images of your vehicle, the at-fault party’s vehicle, and the surrounding area. With these images, you can capture details that help to paint a larger picture of fault. For example, if the at-fault party’s vehicle left behind skid marks, that may mean they were speeding. 

Your lawyer will create a record of any photographic evidence from the scene, including images and videos from you and eyewitnesses. 

Security Camera Footage

If you’re lucky, a nearby security camera may have picked up the accident. That means that you may be able to get ahold of the footage of your accident from another angle. If images and videos from you and witnesses aren’t enough, this higher-level view might capture details you didn’t.

For example, it could catch a light turning red or a driver failing to look before merging lanes. To receive this footage for your case, your attorney will have to contact the owner of the security camera and ask to have it released. 

Dash Camera Footage 

Dash camera footage could come from your vehicle, a police vehicle, or the vehicle of an eyewitness. Dash camera footage provides another angle to look at. Just like with security camera footage, dash camera footage could provide details unseen from other angles. 

Other Types of Evidence Used to Win Cases

While videos and photos are the most helpful type of evidence because they can clearly show what happened, other types of evidence are needed too. In the case that you don’t have decisive photographic evidence, these types of evidence will strengthen your case. 

Witness Statements

Witness statements are a powerful tool. If you have various witnesses that all share the same story, it’ll be pretty obvious to the insurance company and jury (if your case goes to trial) what happened. 

Your attorney may also enlist the help of an expert witness or two. An expert witness is an expert in their field. They’re used to provide detail or support to a certain portion of your case. For example, if the insurance company tries to claim that your injuries are unrelated to the accident, your attorney may hire a medical professional to speak against this. 

Other expert witnesses include accident reconstructionists, economists, and mental health specialists. There are certain qualifications that expert witnesses are required to meet before they can testify. 

Medical Records 

Your medical records and doctor’s notes can help to prove that your injuries are directly connected to the car accident. They can also help to showcase the damage you experienced and how much you owe in medical bills as a result. 

Other Evidence

Other evidence can include:

  • Statements from employers to prove lost wages
  • Personal notes to support pain and suffering damages
  • Bills from any related purchases or treatment 

Contact Osborne & Francis if You’re Ready to Win Your Car Accident Case

If you or someone you love has been injured in a car accident, hiring an attorney is the best way to get the compensation that you deserve. Damages can be high and hard to deal with after an accident. However, our team of experienced and talented attorneys is ready to fight hard to get you the highest settlement possible. 

To learn more about our team and how we can help you, contact us online or at (561) 293-2600

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