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Posted in Car Accidents on April 29, 2022   |  by Gary Burger

Evidence Needed to Prove A Car Accident Claim

Evidence Needed to Prove A Car Accident Claim. Most people who are injured in a car accident have never had to go through a claims process before, and they have a lot of questions about how to go about getting full compensation. Chief among them are: How am I going to prove my case? What evidence do I need? At Burger Law, our car accident lawyers have over 30 years of experience investigating crashes, consulting with experts and proving cases for our clients throughout Missouri and Illinois. If you were injured because someone else broke the rules of the road, call our car accident lawyers today at (314) 500-HURT or fill out our online form.

If a negligent driver injured you, use our free personal injury calculator to see how much your claim may be worth.

Evidence to Use in a Car Accident Claim

In civil cases like car accident claims, the burden of proof is a preponderance of the evidence, which is lower than the "beyond reasonable doubt" standard in criminal cases. However, in order to secure a financial recovery from an insurance adjuster or a jury, you must still present evidence that shows how someone else's negligence caused you injuries. Below are some of the most common pieces of — evidence you and your car accident lawyer can obtain:

Pictures of the Crash Site

Photographs are invaluable in car accident cases. While you should take pictures of the damage to both vehicles, you'll want documentation of other conditions at the scene, including:

  • The placement of the vehicles in relation to each other
  • Debris or broken glass from the collision
  • Weather conditions
  • Lighting conditions
  • The road where both vehicles were coming from
  • Any road hazards or construction work that might have been a factor in the accident
  • Stop signs or traffic lights
  • Any tire marks on the pavement
  • Any injuries you sustained

These pictures will be important when your Burger Law car accident lawyer consults with our network of auto crash experts to determine what caused the crash and who is liable.

Eyewitness Testimony

If there were other people who witnessed the crash, be sure to get their information. They'll be able to corroborate your story and attest to essential factors in the crash, for example, if the other driver was looking at their phone instead of the road.

Police Reports

Police officers are trained to assess who was at fault in an accident. When officers arrive at the scene, they'll interview both parties and anyone else who was a witness, as well as examine the accident scene. Be sure to get the name and badge number of the responding officer or officers, and ask them how you can obtain a copy of the report. While police reports aren't necessarily conclusive, the objective evaluation of a trained law enforcement officer is incredibly persuasive.

Evidence of Vehicle Damage

In order to receive compensation for the damage to your car, you'll need to have the bills and estimates your mechanic gave you. If you recently did repairs or modifications, be sure to provide records of that to the insurance company and your lawyer as well. It may help prove that your vehicle wasn't at fault or that a mechanic or the car's manufacturer is liable for your accident.

W2s or Letters of Employment

If your injuries forced you to miss time off work, you also deserve to be compensated for any wages you lost, even if your employer offers sick leave. You'll need evidence of how much you earned in a typical day or week and how much time you missed off work.

Medical Records

Of course, you'll also want to be compensated for any injuries you received. Hold onto bills and request medical records from emergency room visits, follow-up appointments and any necessary tests or surgeries. Sometimes, an insurance adjuster will lie and tell you your treatments weren't necessary, or that the accident couldn't have caused your injuries. But they're not doctors, and they have no right to overrule a medical professional's opinion. Your medical records will prove that they are responsible for compensating you for the injuries you sustained in the crash.

Evidence of Noneconomic Damages

A significant portion of the compensation you are entitled to is noneconomic damages, which compensate you for things like pain and suffering and mental anguish. The insurance company will try to downplay this as much as possible, but there is evidence you can bring to demonstrate how the accident has affected you:

  • You can keep a journal detailing how your injuries have affected you and your mental state each day.
  • Testimony from friends or family, for example attesting that you can't play with your kids like you used to, or that you can't bring in the groceries by yourself anymore.
  • Testimony from your doctor that — despite treatment — you are still having migraines or pain because of the injuries the defendant caused.

Don't let an insurance company trick you into devaluing your claim. Call Burger Law if you need help with your injury claim, or think an insurance company is trying to take advantage of you. We've been standing up to bullies like people who don't want to take responsibility for over 30 years. Talking to us is free, so there's no risk in calling us to discuss your claim.

Car Accident Lawyer in Missouri and Illinois | Burger Law

You shouldn't have to pay because somebody else was negligent and drove irresponsibly. At Burger Law, our car accident lawyers know how claims work, know how to investigate crashes, know how to calculate how much you are owed and demand maximum compensation for all of our clients. You only have one chance to get a full financial recovery, and you deserve to get the most you can. If you've been injured in a car accident in Missouri or Illinois, call a Burger Law car accident lawyer today at (314) 500-HURT or contact us online.