Car accidents happen all across the country. Most are not that serious, but lethal consequences occur in some of them.
If you drive cautiously, you can avoid most collisions. However, you can’t control what another driver does. There are always other people who will drink and get behind the wheel, speed, tailgate, and other unsafe activities.
If another driver did any of these things and struck your car, you might collect the proper compensation if they have the appropriate insurance in place. If they don’t have enough coverage, you may need to take them to court.
If you file a lawsuit, you need to prove that things happened like you say they did. Here are five ways to do that.
The first thing you must understand is that many drivers don’t have enough insurance. For instance, in California, the Insurance Information Institute estimates that more than 15% of drivers either don’t have enough insurance, or they don’t have any at all.
That means there’s a decent chance a car that hits you might not have the right insurance in place, and you have little alternative but to take them to court. The accident police report is one thing that can help you. It contains:
- Information about what happened that day
- Crucial details that might back up your testimony
As long as there was no hit-and-run, and both you and the other driver stayed at the scene, the police will arrive and fill out a report, asking both you and the other driver questions. They can also give the other driver a breathalyzer test if they feel like the crash involved alcohol consumption.
If you say the crash happened one way, and the other driver insists something completely different happened, it’s tough to get a judgment in your favor. If someone saw what took place, though, they can back up your story.
That might be:
- A passing pedestrian
- Someone who was in your car during the accident
- A store owner, traffic cop, or anyone else who was nearby
This is why it’s vital to get the name and phone number of anyone who you feel can help you later when a crash occurs. You might not think of it at that moment, but you should remember that the more eyewitness accounts you have, the more likely you can win your lawsuit.
You can also often look at the vehicles themselves to tell what occurred. Let’s say again that the other driver refutes your story.
Some experts can look at two cars and reconstruct what happened to them. It’s similar to the way criminologists recreate crime scenes with collected evidence.
The lawyer who represents you in court might use one of these experts if they feel the circumstances warrant it. Physical evidence from the cars can often convince a jury you’re telling the truth.
You can also sometimes use medical records to your advantage in a car accident lawsuit. If the crash injured you, you can show what happened through your broken bones, lacerations, head injury, etc.
Much like looking at the vehicles, some injuries reveal how the crash occurred. If you can get a medical expert who will testify that your injuries show your event version is the correct one, you can sometimes win a suit based on that.
Also, if you appear in court wrapped up in bandages or in a wheelchair, that won’t hurt your chances. You don’t need to milk your injuries, but you shouldn’t conceal them either.
Photo or Video Evidence
It also helps if you have as much video evidence or pictures as possible. Again, it’s all about what you did right after the crash.
Try to remember right afterward to get out your cell phone and take lots of pictures. You can also take videos with most smartphones now, so you can do that as well.
The more pictures and videos you can show the jury to convince them that what you say actually happened that way, the better it is. You can’t argue with visual evidence, and if it’s sitting right in front of them, they can’t ignore it.
It might not be one of these things that convinces a jury, but all of them together. If you have overwhelming evidence, they’re going to find in your favor. You can get the money you deserve to help pay for those medical bills and make up for lost income.