The Evidence You Need in California Car Accident Cases

June 7, 2021 Posted In Car Accidents

In most cases, insurance companies will determine who is at fault for a car accident, which means you need evidence to prove another party is to blame. An insurance claims adjuster will review the facts of the accident and assign a percentage of fault to each party. As a result, your compensation can be directly impacted if you share some of the responsibility. Here are some examples of evidence that you need in a car accident case. 

Accident Scene Evidence

This includes photographs, videos, measurements of skid marks, notation of the position of each vehicle after impact, information about the surroundings that possibly factored into the cause of the crash, available surveillance footage, and accident reconstruction by experts if necessary. If you can, take photographs and videos of the scene immediately after an accident. 

Police Report

Always notify the police after a car accident. The police officer sent to the scene will typically indicate in their report what they believe occurred, and which driver(s) contributed to the cause of the crash. If the officer states the other driver was at fault, the report can be invaluable when it comes time to negotiate a settlement with the insurance company. The police report will also indicate whether the other driver was cited with a traffic offense. 

Eyewitness Statements

Statements from eyewitnesses can be very compelling, especially if your case makes it to trial. Insurance adjusters and jurors often give more weight to an objective eyewitness account since they have nothing at stake. 

Medical Records

Medical records are vitally important evidence to prove fault in a car accident case. Not only will they link your injuries to the accident, but they may also help substantiate the position of the vehicles at the time of impact and the speed at which they were traveling.

Documentation of Other Losses

To obtain compensation for damage to your vehicle and other property, you will need records related to their repairs and your car rental if you had one. Additionally, gather any evidence to support your lost income, such as pay stubs and W-2s. 

Expert Testimony

Complex car accident cases may require expert testimony, such as medical experts who can testify to the extent of your injuries and prognosis, or accident reconstructionists that can demonstrate how the accident occurred and help prove fault. 

California’s Comparative Negligence Law

California follows the rule of “pure comparative negligence.” This law can significantly reduce your compensation based on your percentage of liability. For instance, if you are awarded $20,000, and you are considered 60 percent at fault for your accident, you will only receive 40 percent or $8,000. 

Let Hanson & Mouri Help You

No matter how strong or persuasive you believe your San Bernardino car accident case is against another driver, an insurance company may still find ways to place the blame on you. It is vital to work with an experienced Riverside Car Accident Attorney who can help you preserve the critical evidence you need to prove fault. Call (951) 688-0006 today for your free consultation.