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What is Considered Essential Evidence in a Car Accident?

October 1, 2021

If you or somebody you care about sustains an injury or property damage as a result of an accident caused by another driver, you want to do everything you can to recover the compensation you are entitled to. However, securing compensation can be challenging, particularly when it comes to determining liability for the incident. Here, we want to discuss the essential evidence you need to prove liability for a car accident in New Mexico. If you or a loved one has been involved in an accident, contact an Albuquerque car accident lawyer today for a free consultation.

Evidence From the Accident Scene

Even though the aftermath of a vehicle accident can seem chaotic, the accident scene is one of the best places to gather evidence. This is especially true because so much evidence disappears as soon as an accident scene is cleared from the roadway.

If you are involved in a vehicle accident and are not seriously injured, get out your cell phone or another type of camera and take photographs of everything you see. This includes vehicle damage(to all vehicles involved), traffic and weather conditions, injuries, debris, skid marks, and more. Take pictures from various angles and distances so that any insurance adjuster or personal injury jury can see the full extent of the scene.

It is crucial for law enforcement officials to come to the scene so they can conduct a preliminary investigation and fill out an accident report. This report will be requested by every party involved in the case.

Eyewitness Testimony

There are often several eyewitnesses available at the scene of a crash. This can include drivers and passengers in other vehicles who were driving by and saw what happened as well as bystanders near the roadway. However, if you do not get the names and contact information of these individuals right away, you will probably never find the eyewitnesses again. Eyewitness testimony can be used by insurance claims adjusters and personal injury juries to help make a determination about liability.

Possible Video Surveillance

Cameras are everywhere, often on homes or businesses nearby where a vehicle accident occurs. Additionally, many vehicles have dashcams now, and these dashcams become valuable evidence used by those involved. However, recovering video footage is not always straightforward. In some cases, an attorney may need to get involved and obtain subpoenas so that they can get the footage. It is crucial to act quickly in these situations because data storage systems do not often keep footage for more than a few days at a time.

Medical Records

In order to secure compensation for injuries after an accident, you have to establish how much compensation you need to pay for the medical care you have already received and the total expected medical care moving forward to help you reach maximum medical improvement. Insurance carriers are going to need your medical records, but you need to be careful. You should only sign over medical records specifically related to the timeframe after the accident occurred. Do not sign over any medical records related to your past medical history.

Evidence of Total Losses

In addition to medical records used to substantiate total medical costs, you need to provide evidence showing other types of damages or losses. This includes appraisals for property damage related to your vehicle, as well as information that shows any lost wages you incur if you cannot work while you recover. Additionally, if you have experienced any type of emotional or psychological issues as a result of the vehicle accident and your injuries, you may be able to recover various types of non-economic pain and suffering damages. These types of losses can be substantiated in various ways, including journal entries, testimony from friends and family, and personal testimony.