Being involved in a car accident can suddenly change the direction of your life. You may be facing serious injuries or even the death of a loved one as a result of a car crash. While you try to focus on your recovery, you may find yourself wondering about your legal options.
If you’ve been injured due to someone else’s negligence, you might be considering filing a personal injury claim. But what evidence do you need to support your case? And how can an experienced car accident lawyer help you gather and present this evidence effectively?
At Rosenberg & Gluck LLP, we understand the complexities of car accident cases in New York. Our team of dedicated personal injury attorneys has helped countless clients navigate the legal process and secure the compensation they deserve.
In this comprehensive guide, we’ll explore the types of evidence that can strengthen your car accident case, discuss why consulting an attorney can make a real difference, and provide insights into New York laws that may affect your claim.
Why You Should Consult an Attorney After a Car Accident
Before we delve into the specifics of evidence collection, it’s important to understand why seeking legal representation is a wise decision following a car accident:
- Legal Knowledge: Car accident laws can be complex and vary by state. An experienced attorney understands the nuances of New York traffic laws and personal injury regulations, ensuring your case is handled properly from the start.
- Proper Valuation of Your Claim: Insurance companies often try to minimize payouts. An attorney can accurately assess the full value of your claim, considering factors such as medical expenses, lost wages, pain and suffering, and potential future costs.
- Negotiation Skills: Skilled attorneys know how to negotiate effectively with insurance companies to secure fair compensation on your behalf.
- Investigation and Evidence Gathering: A personal injury law firm has the resources to conduct thorough investigations and collect crucial evidence that you might not have access to on your own.
- Meeting Deadlines: There are strict time limits for filing claims in New York. An attorney will ensure all necessary paperwork is filed correctly and on time.
- Peace of Mind: By handling the legal aspects of your case, an attorney allows you to focus on your recovery and well-being.
Evidence You May Already Have
Even if you’ve already left the accident scene, you may possess valuable evidence to support your claim. Here are some types of evidence you might already have after an automobile accident:
Photos and Videos from the Accident Scene
If you or someone with you took pictures or videos at the accident site, these can be valuable pieces of evidence. They can show:
- Vehicle damage
- Road conditions
- Weather conditions
- Traffic signs or signals
- Skid marks
- Debris on the road
Police Report
The official accident report filed by responding officers contains vital information, including:
- Date, time, and location of the accident
- Names and contact information of involved parties
- Witness statements
- Officer’s observations and potential citations issued
Medical Records
Any documentation of your injuries and treatment is essential. This may include:
- Emergency room visit records
- Doctor’s notes
- Diagnostic test results (X-rays, MRIs, CT scans)
- Prescriptions
- Physical therapy records
Insurance Information
Keep all correspondence with insurance companies, including:
- Your insurance policy
- The other driver’s insurance information
- Any statements you’ve given to insurance adjusters
Witness Contact Information
If you obtained contact details for any witnesses at the scene, this information can be crucial for your attorney to follow up on their accounts.
Receipts and Bills
Keep all documentation related to expenses incurred due to the accident, such as:
- Medical bills
- Prescription costs
- Vehicle repair estimates
- Rental car receipts
- Transportation costs for medical appointments
How a Car Accident Attorney Can Help Collect Additional Evidence
While the evidence you’ve gathered is valuable, an experienced car accident attorney can help collect additional crucial information to strengthen your case:
- Camera Footage: Your attorney can identify and request footage from traffic cameras, nearby business security cameras, and dash cam recordings from other vehicles.
- Expert Witnesses: Lawyers have access to a network of professionals who can provide expert testimony, including accident reconstruction specialists, medical experts, economic loss analysts, and life care planners.
- Vehicle “Black Box” Data: Many modern vehicles have event data recorders (EDRs) that capture information like vehicle speed, brake application, steering input, and airbag deployment.
- Cell Phone Records: If distracted driving is suspected, your attorney can subpoena phone records to show if the other driver was using their device at the time of the crash.
- Employment Records: Your lawyer can obtain and analyze relevant employment documents to support claims of lost wages or diminished earning capacity.
- Additional Witness Statements: Attorneys can conduct in-depth interviews with witnesses to gather more detailed accounts of the accident.
- Weather Reports: Official weather data can corroborate claims about road conditions or visibility issues at the time of the accident.
- Road Maintenance Records: If poor road conditions contributed to the accident, your attorney can request maintenance records from the relevant government agency.
- Vehicle Maintenance Records: Lawyers can obtain maintenance records for the vehicles involved in cases where vehicle malfunction may have played a role.
- Social Media Evidence: You should be cautious about your social media use after an accident. Your attorney may be able to find relevant information on the other party’s social media accounts that can support your claim. Don’t post something the insurance company can use against you, because they’ll be looking, too.
Types of Evidence and Their Importance in Building Your Case
Now that we’ve covered the various sources of evidence, let’s explore how different types of evidence can strengthen your car accident case:
Physical Evidence
Physical evidence can provide tangible proof of the accident and its consequences. This may include:
- Damaged vehicle parts
- Torn or bloodstained clothing
- Deployed airbags
- Personal items damaged in the crash
Why it’s important: Physical evidence can corroborate your account of the accident and demonstrate the severity of the impact.
Photographic and Video Evidence
Visual documentation of the accident scene and your injuries can be compelling evidence. This includes:
- Photos of vehicle damage
- Images of the accident scene
- Pictures of your injuries over time
- Video footage of the crash or its aftermath
Why it’s important: Visual evidence can help reconstruct the accident and provide a clear picture of the damages and injuries sustained.
Eyewitness Testimony
Statements from individuals who saw the accident occur can provide crucial third-party accounts. This may include:
- Passengers in involved vehicles
- Pedestrians or other drivers
- Nearby residents or business owners
Why it’s important: Impartial witness accounts can corroborate your version of events and provide additional perspectives on the accident.
Expert Testimony
Professional opinions from various experts can lend credibility to your claim. Expert witnesses may include:
- Accident reconstruction specialists
- Medical professionals
- Economists
- Vocational rehabilitation experts
Why it’s important: Expert testimony can provide scientific and professional analysis to support your case, especially in complex scenarios or when dealing with severe injuries.
Medical Evidence
Comprehensive medical documentation is crucial for proving the extent of your injuries and linking them to the accident. This includes:
- Emergency room records
- Diagnostic test results
- Treatment plans
- Surgical reports
- Rehabilitation records
Why it’s important: Medical evidence demonstrates the severity of your injuries, the necessary treatment, and the impact on your life, all of which factor into your compensation claim.
Financial Documentation
Evidence of the financial impact of the accident is essential for calculating damages. This may include:
- Medical bills
- Pay stubs showing lost wages
- Vehicle repair or replacement costs
- Receipts for out-of-pocket expenses related to the accident
Why it’s important: Financial documentation helps quantify the economic damages you’ve suffered due to the accident.
Police Reports
The official accident report filed by responding officers can provide valuable information. It typically includes:
- Basic facts about the accident (time, date, location)
- Statements from involved parties and witnesses
- Officer’s observations and potential citations issued
- Diagram of the accident scene
Why it’s important: Police reports are often considered reliable and unbiased accounts of the accident, which can lend credibility to your claim.
Electronic Data
In the digital age, electronic data can provide crucial evidence. This may include:
- GPS data
- Cell phone records
- Vehicle “black box” data
- Traffic camera footage
Why it’s important: Electronic data can provide objective information about the circumstances of the accident, such as vehicle speed or driver distraction.
New York Laws Affecting Car Accident Claims
Understanding the laws that govern car accident claims in New York is crucial for building a strong case. Here are some key legal considerations:
No-Fault Insurance System
New York operates under a no-fault insurance system. This means that regardless of who caused the accident, your own insurance company will cover your medical expenses and lost wages up to a certain limit. However, you may still be able to file a lawsuit against the at-fault driver if your injuries meet certain thresholds.
Serious Injury Threshold
To file a lawsuit against the at-fault driver in New York, your injuries must meet the state’s “serious injury” threshold. This includes:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts that constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment
Statute of Limitations
In New York, the general statute of limitations for personal injury claims, including those arising from car accidents, is three years from the accident date. Further, wrongful death claims are limited to two years. However, it’s important to note that if your accident involves a municipality (such as a city, county, or state entity), you must file a Notice of Claim within 90 days of the accident, and the lawsuit must be filed within one year and 90 days.
Comparative Negligence
New York follows a pure comparative negligence rule. This means that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
For example, if you’re found to be 20% at fault for the accident, your compensation would be reduced by 20%. A skilled car crash lawyer will work to reduce the amount of fault attributable to you, increasing your compensation.
Minimum Insurance Requirements
New York requires all drivers to carry minimum liability insurance coverage of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage
However, these minimums may not be sufficient to cover all damages in serious accidents, which is why many drivers opt for higher coverage limits.
Uninsured/Underinsured Motorist Coverage
New York law requires insurance companies to offer uninsured motorist coverage. This protects you if you’re in an accident with a driver who doesn’t have insurance or doesn’t have enough insurance to cover your damages.
Dram Shop Laws
New York’s dram shop laws allow injured parties to hold bars, restaurants, and other establishments liable if they serve alcohol to visibly intoxicated individuals who then cause an accident.
Cell Phone Use While Driving
New York has strict laws against using handheld electronic devices while driving. If the other driver used a cell phone at the time of the accident, this could be strong evidence of negligence.
How an Attorney Can Help Maximize Your Compensation
Now that we’ve covered the types of evidence and relevant laws, let’s explore how an experienced car accident attorney can help maximize your compensation:
- Thorough Case Evaluation: An attorney will carefully review all aspects of your case to identify all potential sources of compensation and liable parties.
- Proper Valuation of Damages: Lawyers understand how to accurately calculate both economic and non-economic damages, ensuring you seek full and fair compensation.
- Effective Negotiation: Experienced attorneys know how to negotiate with insurance companies to secure the best possible settlement.
- Trial Preparation: If a fair settlement can’t be reached, your attorney will be prepared to take your case to trial, presenting a compelling case to a jury.
- Handling Complex Legal Procedures: From filing necessary paperwork to meeting critical deadlines, an attorney ensures all legal requirements are met.
- Countering Insurance Company Tactics: Lawyers are familiar with common insurance company strategies and can protect you from unfair practices.
- Access to Resources: Attorneys have networks of investigators, expert witnesses, and other professionals who can strengthen your case.
- Objectivity and Emotional Support: While you focus on recovery, your attorney provides objective advice and emotional support throughout the legal process.
Contact Rosenberg & Gluck LLP for Help with Car Accident Evidence Collection
Navigating the aftermath of a car accident can be challenging, especially when dealing with injuries and mounting expenses. However, gathering evidence can help you build a strong case and significantly impact your ability to secure fair compensation.
From the moment you leave the accident scene, every piece of information you gather and every action you take can potentially affect your claim. By consulting an experienced car accident attorney, you ensure that all available evidence is properly collected, preserved, and presented to support your case.
At Rosenberg & Gluck LLP, we have a proven track record of helping car accident victims in New York secure the compensation they deserve. Our team of skilled attorneys understands the complexities of New York car accident laws and knows how to build compelling cases using all available evidence.
Remember, time is of the essence in car accident cases. The sooner you reach out to an attorney, the better your chances of preserving crucial evidence and building a strong claim.
Don’t let valuable evidence slip away – contact Rosenberg & Gluck LLP today for a free consultation and take the first step towards protecting your rights and securing your future. Call our law firm at (631) 451-7900 or contact us online.
