According to AAA, regular maintenance and repairs on a new automobile might cost an average of $0.09 per mile. With the high cost of upkeeping, an average American cannot afford to cope with damages caused by accidents.  

However, NHTSA shows that around 6.1 million collisions were reported to police in 2014. 

In tort-based insurance states, you can claim damages to recover from an accident. A vital factor in helping in your financial recovery is preserving evidence. Evidence is the way to setting in stone a considerable settlement amount. The evidence collected must establish without any doubt that the defendant owed you a duty of care, breached this duty, and caused your car accident. 

Read this article till the end to understand how to preserve solid evidence and claim the settlement of your worth! 

Reasons To Preserve Evidence

You should preserve evidence from a major or minor accident carefully. Documented evidence provides a basis for the insurance company to pay their obligated amount for your claim. It can also be used against the negligent party. 

Severe injuries and significant property damage can result from major accidents. As a result, they may increase the likelihood of a lawsuit. In such cases, you will require considerable evidence to win your case. Even criminal charges are filed in extreme cases such as DUI or a fatality. Evidence becomes crucial in these serious circumstances. 

Note that in no-fault policy states like Michigan, you may sue the other driver for damages in case of severe injuries like disfigurement or permanent limitation of bodily functions. So, preserving evidence from an accident site in a no-fault insurance policy state is also essential.  

How and What Evidence to Preserve?

The site of an automobile accident may include crucial information as to how and why the accident happened. 

Before cleaning professionals arrive at the site, try to snap photographs yourself or ask someone to help you. Photographs might capture the collision site as it appeared moments after your accident. For instance, clicking a picture of the pothole caused you to lose control of the car before the authorities rectified the issue. 

Here are some things to keep in mind while clicking pictures or taking videos as evidence:

• Ensure that it is safe to take a picture or video. 
• Try to show the damage caused to your vehicle. 
• The vehicles’ positions at the crash site should be clear to qualify as evidence. 
• The surrounding traffic signs, lights, signals, and landmarks should be visible.
• Try to show the condition of the roads and capture any obstructions that might be there. 
• Capture the weather clearly to show visibility conditions at the time of the accident.

Visual evidence is the best way to preserve evidence. But more is needed. You have to intelligently take evidence from the surroundings of the crash site too. Consider the following when collecting such evidence:

• Eyewitness testimonies at the site of an automobile collision are vital to collect. Collect contact information from any eyewitnesses who witnessed the automobile crash. Take down their complete names and phone numbers while still on the scene.
• Call businesses or companies that may be related to your vehicle accident. For example, you should contact the opposing party’s insurance company to discuss the specifics of your settlement claim.
• You should also contact stores or eateries near the accident spot and request to check if the accident has been captured on their CCTV footage. 
• Most importantly, contact the other party’s mobile operator to gain access to their phone records. If you obtain these records, you may get proof that the other party was talking or messaging on the phone at the time of the accident. 

Secure the Site of the Crash

Collecting evidence requires securing the accident site. Apart from obtaining proof for your case, securing the site is essential for the following reasons:

• To be out of harm’s way:

   If it is safe to do so, move your vehicle to the side of the road to prevent the risk of further damage from the other approaching vehicles.

• To safeguard the evidence material:

   Securing the scene ensures that no one messes with or destroys the evidence.  Tampered evidence can affect the result of your settlement claim negatively.

• Protect the passerby vehicles:

   If any debris is left after the road accident, incoming vehicles can get into an accident. 

• Avoiding negligence:

   You can be held liable legally if a passerby slips on an oil spill created after the accident from your vehicle. 

• Negotiate safely with the other driver: 

  Once the accident site is secure, you can discuss the next steps with the other driver rather than getting into a fight and creating a scene on the road. 

• Prevents traffic: 

  If the crash happens amid fast vehicles at an intersection, it is imperative to clear the area as soon as possible to avoid congestion.

Therefore, the first thing to do immediately after an accident is to secure the site by ensuring the approaching vehicles are aware of the incident. If you are physically capable, stay alert and guard the evidence until the police arrive. 

Conclusion

Professionals include additional information in their reports. A police report also includes information about things such as speeding and other legal offenses. Nonetheless, the evidence you gathered is crucial in showing the liable party’s negligence.

Insurance companies take time to investigate auto-accident cases. Based on their findings, you may decide to file a lawsuit and would have to present the evidence before a jury. Therefore, the evidence you collect should be of good quality. 

Finally, here is some additional documentation and evidence you should preserve in your car accident case:

• Obtain the police report from the on-site officer
• Obtain routine car maintenance records to clear any accident possibly caused by a fault in the car manufacturing
• Obtain medical records to recover expenses for physical therapy and other injury-related costs
• Obtain work absence records to claim reimbursement for lost wages

Sources:

1. https://mesolutionsfcu.org/the-fed-jacked-up-rates-by-75-points-the-highest-increase-in-28-years-heres-how-that-can-affect-your-money/
2. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812219 
3. https://www.injuryattorneyofdallas.com/the-importance-of-preserving-evidence-in-vehicle-accident-cases/ 
4. https://www.herrmanandherrman.com/blog/importance-preserving-evidence-major-car-accident/
5. https://www.cochranlaw.com/legal-topic/importance-of-preserving-evidence-car-crash-cases/ 
6. https://www.personalinjurylawyersoneonta.com/car-accidents/car-accident-liability/
7. https://www.pilawyers.com/blog/preserving-car-crash-evidence/ 
8. https://www.hseblog.com/best-practices-for-securing-and-documenting-an-accident-scene/
9. https://www.joyelawfirm.com/accidents/car-accident-lawyer/maximizing-recovery-sc-car-accident/importance-of-preserving-evidence-in-car-accident-cases/