In any car or truck accident how do I gather and preserve evidence?

What evidence should I preserve following an accident?

If you get injured or someone is killed while skiing in Colorado

Gathering and preserving evidence after a car or truck accident is crucial, especially if you plan to file an insurance claim or pursue legal action. Even if after the accident you are thinking you will not sue, it is still important to gather up the evidence. You never know it may help you to defend against claims you were at fault. Or the evidence may show that you have a claim. Assuming you are not the at-fault-driver, properly collected evidence can help establish fault, support your claim for damages, and protect your rights. If there is such a thing as over-thinking something, this is probably not that something.

I began my career as a private investigator. I investigated all sorts of accidents. I wanted to learn how to gather and to preserve evidence. In every case I got involved with, I took statements of witnesses, shot photographs, recorded witnesses if they would allow me and pretty much preserved every fact and circumstance I was able to gather.

Here is a step-by-step guide on how to gather and preserve evidence:

1. Ensure Safety First:

• Check for Injuries: Before gathering evidence, make sure everyone involved is safe. Call 911 if there are any injuries or if the accident is severe. Check everyone in your car to make sure they are not in need of your assistance.
• Move to Safety: If possible and it is safe to do so, move vehicles out of traffic to prevent further accidents. Turn on hazard lights to alert other drivers. If the traffic is heavy get as far off the road as is possible. Try to exit the vehicle from the passenger side, assuming the passenger side is against the non-traveled portion of the road.

2. Call the Police:

• File a Report: Always call the police after an accident, especially if there are injuries, significant damage, or disputes about fault. A police report can be a crucial piece of evidence. Call the police from your car letting them know the location and which direction the road goes. “I am in the southbound lane of I-35 at mile marker 172 in a blue Chevy.”
• Provide Accurate Information: When the police arrive, provide them with accurate information about what happened, but avoid admitting fault. Before the police arrive try to locate your driver’s license, the car registration and your proof of insurance.

3. Document the Scene:

• Take Photos and Videos: Use your smartphone or camera to take clear photos and videos of the accident scene from multiple angles.
• Capture:
  • The position of the vehicles before they are moved.
  • Damage to all vehicles involved.
  • Skid marks, broken glass, or any debris on the road.
  • Road conditions, weather, and lighting at the time of the accident.
  • Traffic signs, signals, and road markings near the scene.
  • Any visible injuries to yourself or others.
  • Do not be bashful about this, because without it the other driver or their insurance company may try to distort what really happened. You have every right to take photographs, just do not get hit by another car while trying to do it.
• Record the Surroundings: Document nearby landmarks, intersections, or anything that might have contributed to the accident, such as construction zones or obscured traffic signs. It does not take long to do this and it can prove to be exceptionally important when your lawyer attempts to establish fault.

4. Exchange Information:

• With Other Drivers:
  • Names, addresses, and contact information.
  • Driver’s license numbers.
  • License plate numbers.
  • Insurance company names and policy numbers.
  • Vehicle make, model, and year.
  • Most police departments will have a Driver Exchange of Information form that the investigating officer will print and provide to both drivers at the accident scene. If the officer does then you exchanging information is not all that critical.
• With Witnesses: If there are any witnesses, get their names, contact information, and statements. Witnesses can provide crucial third-party accounts of what happened. Heck, take your phone out and take their photograph or hand your phone to the witness asking them to enter their contact information into your phone. Some phones now will exchange information just by placing one phone on top of the other.

5. Preserve Physical Evidence:

• Damaged Property: Keep any personal items that were damaged in the accident, such as your vehicle, clothing, or electronics. Do not wash, repair, or dispose of these items until your claim is resolved. Place them in a plastic bag and store them in a cool dry place.
• Vehicle Inspection: If your vehicle is towed, make sure it is taken to a secure location where it can be inspected. An expert may need to examine it to determine the extent of damage or to check for mechanical issues that could have contributed to the accident. If you are hospitalized ask someone you know and trust to go to where your car or truck is stored to take photographs. If the other vehicle is also in that storage yard, ask your friend to also photograph it.

6. Take Notes:

• Write Down Details: As soon as possible after the accident, write down everything you remember about the incident. Keep in mind what reporters include in the stories they write. In journalism the five W’s and an H. Who was involved? What happened or what should have happened? When did, will or should something have happened? Why was or is something done, avoided, or permitted? How was, could, should or could be something done, prevented, destroyed, made, improved, or altered?
• Include:
  • The events leading up to the accident.
  • The time and location of the accident.
  • Your speed and the other driver’s speed.
  • Any statements made by the other driver or witnesses.
  • Any unusual behavior from the other driver (e.g., appearing intoxicated or distracted).
  • Times are always important except to someone who plans on massaging the facts and spinning them into a lie.

7. Obtain Medical Records:

• Seek Medical Attention: Even if you feel fine, seek medical attention immediately after the accident. Some injuries may not be apparent right away. Medical records documenting your injuries are essential evidence. Chiropractic manipulation is not per se medical evaluation and treatment. While chiropractic treatment is fine, it does not hold the same weight as an evaluation by a medical doctor. MDs or DOs are what you want immediately following an accident. I give that same advice to any chiropractor who has been involved in an accident. And follow their advice, because not following a doctor’s advice is grounds for an assignment of comparative fault to the one not following the advice.
• Keep Medical Records: Keep all records related to your treatment, including doctor’s notes, test results, prescriptions, and bills. If the doctor provides a work excuse keep a copy. Hand one copy to your employer but also keep a copy.

8. Secure Witness Statements:

• Contact Information of Witnesses: Write down the names and contact information for witnesses. You do not need to take statements from witnesses. This should be done by a professional who is a neutral third party, which can include your lawyer.
• Third-Party Verification: Witnesses can corroborate your version of events and provide an unbiased account. Your lawyer should ask you for the names of any witnesses.

9. Obtain the Police Report:

• Request a Copy: Obtain a copy of the police report as soon as it’s available. Or your lawyer will obtain a copy. This report can provide an official account of the accident and may include the officer’s assessment of fault.

10. Maintain a Journal:

• Document Your Recovery: Keep a journal detailing your recovery process, including pain levels, emotional distress, and how your injuries have impacted your daily life. This can support claims for pain and suffering. This journal is for your lawyer to review, not for anyone else.

11. Preserve Digital Evidence:

• Save Communication: Save any emails, texts, or other communications related to the accident, especially those with insurance companies or the other driver.
• Backup Photos and Videos: Ensure that all digital evidence, such as photos and videos, is backed up in multiple locations.

12. Consult an Attorney:

• Legal Advice: Consider consulting a personal injury attorney, especially if the accident resulted in serious injuries or significant damage. An attorney can help you gather additional evidence, such as traffic camera footage, and guide you through the legal process.

13. Avoid Social Media:

• Limit Public Information: Avoid posting details about the accident or your injuries on social media. Insurance companies may use your posts against you. I cannot stress this enough. Posting on social media is the worse thing you can do.

Conclusion:

Properly gathering and preserving evidence after a car or truck accident is essential for protecting your rights and building a strong case for compensation. Start by documenting the scene, collecting information, preserving physical evidence, and seeking medical attention. An attorney can provide additional guidance, especially in complex cases.

While it is possible to pursue a claim against a bar on your own, hiring a lawyer is often advisable. A lawyer’s expertise can be crucial in building a strong case, negotiating a fair settlement, and ensuring that you receive the compensation you deserve. If the case involves significant damages or if the bar is likely to contest liability, having a lawyer can greatly increase your chances of success.

The Lombardi Law Firm is a personal injury firm with a long history of recovering substantial sums while caring about our client’s future. If you have questions about your legal options, or would like to just talk with a lawyer, call the Lombardi Law Firm. There is no charge to talk with us. If we take your case, you will not be charged unless there is a recovery. We will bring in other lawyers if we think it is advisable.

Call 1-515-222-1110 or send Steve an email at sdlombardi@aol.com.