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When nobody accepts the blame: Getting evidence after a wreck

Posted by Leonard Becker | Nov 17, 2023 | 0 Comments

It's bad enough to be in a car wreck – but the whole situation can be immeasurably worse than it should be when the party who is responsible for the crash refuses to accept the blame.

Accidents happen very fast, and it's not unusual for both drivers to have different versions of the events before, during and after the crash. That's why evidence is so important.

Different types of evidence may be all around

When an officer responds to a crash, they create an official police report that provides details about the accident, including where it happened, when it happened, who was involved and what the weather or road conditions were like. The officer may even make a summary judgment about who was responsible for the wreck and cite one of the drivers.

However, accident reports are just a starting point. Other types of evidence that can be used in a car accident claim include:

  • Witness statements: Whether from your passengers or Good Samaritans who witnessed the wreck and stuck around, eyewitness testimony about the wreck can be invaluable.
  • Video evidence: Cameras are everywhere these days. The dash cam on your car, the traffic camera and the security cameras from nearby businesses could all help your case by providing photograph proof of what actually happened.
  • Medical records: These don't just catalog your injuries – they also provide clues about how the accident played out. The very nature of your injuries may reveal a sequence of events that you couldn't track at the moment of impact.
  • Cell phone records: If you believe the other driver was distracted by their phone, it may be possible to prove it by using a subpoena to get their cellular records. 

In complex cases involving catastrophic or fatal injuries, accident reconstruction experts may even be employed to help recreate the sequence of events leading up to the crash. This can help clarify the dynamics of the collision and establish fault. 

Whatever your situation, it's important not to let an insurance company devalue your claim because they say that there's “no evidence” you weren't at fault for a wreck. Experienced legal guidance can often uncover evidence that might otherwise be overlooked. 

About the Author

Leonard Becker

I have been practicing law in California for over 30 years, dedicating my adult life to the pursuit of justice for the victims of negligent acts. I have stood up for those individuals who normally would not have the ability to take on the big corporations and insurance carriers who often ignore or take advantage of the injured and/or oppressed.

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