California is an at-fault insurance state for car accident claims. You must prove that the other driver caused the collision to recover money for an injury claim. Therefore, collecting evidence for your car accident case is a critical step in receiving money for your medical bills, lost income, physical pain, emotional suffering, and other damages. A California car accident attorney can help you gather the evidence you need to prove that the other driver was responsible for causing the crash.
Evidence Used to Prove Fault in a California Car Accident Case
Many forms of evidence may be used to prove the cause of a car accident. Some of the evidence that an attorney gathers when investigating a car accident claim include:
- Photographs and videos of the car accident scene
- Physical evidence from the accident scene, such as measurements of skid marks, road debris, etc.
- Videos from nearby surveillance cameras
- Physical evidence from the vehicles involved in the crash, including electronic data
- Statements from eyewitnesses
- Copies of accident reports and police reports
- Medical records
- Copies of cell phone records and text messages
- Testimony from expert witnesses, including accident reconstructionists
- If a commercial truck is involved, copies of the driver’s logs, maintenance records, truck’s black box, and other information from the trucking company
An attorney performs a comprehensive investigation to gather evidence after a car accident. If you are injured, it can be difficult to take these steps yourself. Also, an attorney has resources that you might not have available to gather and preserve the evidence you need for your car accident case.
Evidence Needed to Prove Damages for a Car Accident Claim
You also need evidence that proves the extent of your injuries, losses, and damages. This evidence is used to calculate the value of your injury claim. The value of your injury claim includes your financial losses and your noneconomic damages.
Financial losses are the out-of-pocket expenses related to the accident and your recovery, such as medical costs, loss of income, travel expenses, medications, medical equipment, and personal care. However, you are also entitled to compensation for your noneconomic damages or “pain and suffering” damages. Your noneconomic damages include physical pain, mental anguish, scarring, emotional distress, permanent disabilities, and loss of quality of life.
Evidence used to prove damages in a car accident claim include:
- Copies of medical records
- Invoices, bills, statements, and receipts
- Copies of payroll records and tax returns
- Photographs of your injuries
- Statements from health care providers
- Statements from family members and friends
Calculating the value of a car accident claim can be difficult. There is not an exact formula for calculating noneconomic damages. However, an experienced car accident attorney understands how to use the evidence in your case to maximize the value claimed for pain and suffering damages.
Contact a California Car Accident Attorney for More Information
When you are injured in an automobile accident, filing an insurance claim is the first step in obtaining compensation for your injuries. However, the insurance adjuster doesn’t explain your legal rights or the steps you need to take to protect your rights. Before you speak with the insurance company, learn about your rights and your options for recovering compensation from a skilled California car accident attorney. Contact us today for a free consultation.