In every car accident claim, the question is not what you know but what you can prove. If it comes down to your word against that of the other driver, chances are that you will not be in a position to receive financial compensation. You prove your case through evidence.
A critical piece of evidence is pictures from the scene of the accident that can give the insurance companies an idea of what happened. If you have photos of the scene, and you can give them to one of our experienced attorneys, we can help you begin to build a possible case for financial compensation.
Pictures Can Help Prove Your Car Accident Case
In the context of a car accident, a picture is often worth more than a thousand words. You can only say so much in describing the scene. A photo will give more voice to what you are saying. If you and the other driver are telling different stories, photographic evidence can be the tiebreaker in your favor. The police report can only say so much (and it will not be admissible as evidence in court).
Remember that you have the burden of proof in a car accident. You must show that a driver acted unreasonably under the circumstances to get a settlement check for your injuries. Pictures are one element of your case, including testimony from witnesses who saw what happened.
What to Take Pictures of After a Car Accident
Ideally, you should take pictures of the scene of the accident yourself. You should focus on the following:
- The general scene of the accident and any immediately nearby traffic signs
- The position the cars were in and after the crash
- Fresh skid marks near the accident
- Any weather conditions in the area at the time of the accident
- The damage to the vehicles themselves from the crash
- Your injuries right after the accident happened
- Injuries that other passengers in the car with you may have suffered
- The contents of your vehicle that may need to be replaced
Your pictures should provide as much context as possible. For example, if you just have photos of the damage to the vehicles without an overall picture of the scene, it may be difficult to show the adjuster what happened. Not only should you take close-up pictures, but you should also take broader photos that show the overall scene. You should err on the side of taking more pictures than you need because you only get one chance to photograph the accident scene.
What to Do If You Cannot Take Pictures Yourself
However, you may not be in a physical position to take pictures yourself. If you suffered any physical injury, it might be difficult to take the necessary pictures. You may have been speaking to witnesses or the police officer who showed up to write the report.
Whatever the reason, you may not have the pictures from the scene on your phone. You should always try to take whatever photos you can at the scene, even if you cannot photograph everything because of your condition.
There are still ways to get pictures even if you were unable to take them yourself. You can ask someone else at the scene of the accident to take pictures and send them to you. So long as the person who took the pictures can verify their authenticity, they should be admissible if you file a lawsuit. You can also call a friend or family member to come to the scene of the accident to take pictures.
You may even consider calling a lawyer to come to the accident scene so that they can begin their investigation on the spot. In other words, you should not lose hope or give up if you cannot get pictures at the scene of the accident.
Car Accident Evidence Can Be Lost Very Quickly
You will begin to lose evidence as soon as the accident is over and the cars are moved from the scene. Of course, it is always the most helpful to get the accident scene precisely as it appeared after the crash. Once you take pictures after the time of the accident has passed, you are asking insurance adjusters to begin to draw inferences, which is something that they do not like to do. Never assume that the insurance company will connect the dots, especially when it will cost them money.
You can also return to the scene after the accident to take pictures, although it will not be as effective as contemporaneous pictures. Still, you can take photos of the scene that can be consistent with your observations at the time of the accident. There may still be skid marks and pieces of wreckage (even if the cars themselves were cleared away).
Contact a Wilmington Car Accident Attorney Today
The attorneys at Horton Mendez can work to both prove what happened in your car accident and obtain you the highest possible amount of financial compensation. For your part, you should contact a lawyer as soon as you can after the accident. Time is critical after a car accident, and the more of it that passes, the harder it can be to prove your case.
You can send us a message online or call us today at (910) 668-8067 to schedule your free initial consultation.
Car Accident Case FAQs
Do I need to file a lawsuit to get car accident compensation?
Not necessarily. You can settle your case by filing a claim with the insurance company.
How do I win a car accident case?
You must prove that the other driver was negligent, meaning they acted unreasonably under the circumstances.
How long will my car accident case take?
It is hard to give an exact estimate, but you should know that it can take time to get the money you deserve.