The burden of proof in an injury claim is on the victim and his or her attorney. That means he or she must provide evidence of the other driver’s negligence and how it caused the injury.
The legal team at Schmidt Kramer is prepared to investigate and gather evidence to help you establish this link. The consultation with our lawyers is free of charge.
Evidence That May Be Used
There are many pieces of evidence that you may be able to present to help link your injuries to the accident:
- Police report – It is critical after an accident, no matter how minor, to contact the police. Typically, an officer will respond and complete a cursory investigation of the accident. He or she may provide useful information in this report, such as the identity of the other driver and why he or she believes this driver was at fault for the accident.
- Witness testimony – Unbiased witnesses may be able to provide powerful statements regarding the accident, so be sure you write down any witnesses’ names and contact information at the scene.
- Pictures – It is good to take pictures of the accident scene and property damage if you are involved in an accident. Be sure to snap pics of the location of traffic signals and skid marks. The location of the damage to your vehicle and the other driver’s vehicle may help explain how the accident occurred, so be sure to take several pictures of the damage from several angles.
While your claim is pending, you can also collect additional evidence that establishes the damages you sustained:
- Bills/repair estimates – When you get your vehicle repaired, keep all records of this repair. Also, keep records of any rental vehicles you had to use while your vehicle was being repaired.
- Medical records – Be sure that you seek medical attention after a collision if you believe you were injured. This can help establish the connection between the accident and your injury. Keep copies of all medical records, bills, imaging test results, lab results and doctor’s notes.
- Pain journal – Your lawyer may recommend that you keep a record of your health care appointments and a daily log of how you feel each day of your recovery.
- Employment records – Your employment records can help show how many days you missed from work and the value of your lost wages.
Accidents Where Fault Is Often Clear
In some situations, fault is clear because a traffic law was violated.
For example, rear-end collisions are usually the fault of the driver in the rear vehicle. Even if you suddenly stopped, the driver who plowed into the back of you will likely be held at fault because the rules of the road require that a driver be able to stop safely at any point. Additionally, drivers are not supposed to follow too closely.
Another time when liability is usually clear is when a left-turn accident occurs. Drivers of vehicles turning left are almost always held liable for the accident because the driver is supposed to yield the right-of-way to the driver traveling straight. There are a few exceptions to this rule, but they may be difficult to prove.
Contact Schmidt Kramer for Further Assistance
Proving liability to an insurance company or a jury can be difficult. If you or a loved one was injured in a recent auto accident, the Harrisburg car accident lawyers at Schmidt Kramer may be able to help.
Contact us today to schedule your free case review. (717) 888-8888