What If I’m Too Injured to Collect Evidence at the Accident Scene?

If you’ve been seriously injured in an accident that was someone else’s fault, gathering evidence at the accident scene will be key to filing a successful personal injury claim. The costs of serious accident-related injuries can add up quickly—so, if you have grounds to file a personal injury claim, it will be important for you to do so.

Even if you are unable to collect evidence at the accident scene yourself, a skilled personal injury lawyer can take immediate steps to gather the proof needed to support your claim. Acting quickly increases the chances of preserving critical details before they are lost, which can make a significant difference in the outcome of your case.

Accident Victims Don’t Always Have the Ability to Collect Evidence Before They Leave the Scene

Generally speaking, it is a good idea for accident victims to collect evidence at the accident scene. If victims can take photos, write down the other driver’s vehicle and insurance information, and obtain a copy of the police report, these can all be helpful when it comes to filing a claim.

But what if you were too injured to collect evidence at the accident scene?

This scenario is more common than many people realize. In many cases, seriously injured accident victims will leave the scene without any evidence of liability in their possession. These victims can still seek just compensation, but it is important that they hire a lawyer to conduct an investigation as soon as possible. 

Proving Liability When You Couldn’t Collect Evidence at the Scene of the Accident 

Evidence in car accident, truck accident, and motorcycle accident cases can take many different forms. While victims may be able to collect some forms of evidence at the accident scene (provided they are not too injured to do so), proving liability generally requires other forms of evidence as well. 

For example, regardless of whether you were able to collect any evidence at the scene of your accident, your lawyer may also need to gather evidence such as:

• Forensic Evidence – There could be several forms of evidence at the accident scene that you wouldn’t be able to collect on your own, even if you were not seriously injured. Preserving forensic evidence at the crash site requires sending a qualified investigator to the scene. 
• Phone Records – Distracted driving is a leading cause of car accidents in Arkansas. If the driver who hit you was distracted, proving liability may involve obtaining access to his or her cell phone records from the phone company. 
• Receipts – Drunk driving is a leading cause of car accidents in Arkansas as well. If the driver who hit you was driving under the influence, your lawyer may need to obtain the driver’s receipts to prove the basis for your personal injury claim. 
• Surveillance or Traffic Camera Footage – If your accident was captured by a surveillance camera or traffic camera, the footage could clearly establish liability. Your lawyer will be able to seek to obtain this footage from its owner, including through formal legal means if necessary.
• Eye Witness Statements and Photos – Statements and photos (or videos) from eye witnesses can serve as strong evidence of liability as well. If anyone witnessed your accident, your lawyer can contact (or subpoena) these individuals to find out what evidence they may be able to provide. 

Again, these are just examples. From hiring an expert to examine the damage to your vehicle (and the other driver’s vehicle) to hiring an accident reconstructionist to prepare a computer simulation of your accident, your lawyer may be able to take various other steps to prove your legal rights as well. As a result, even if you don’t have any evidence in your possession, you should still contact a lawyer for help right away. 

You Should Take Detailed Notes About the Accident 

Even if you do not obtain evidence from the accident scene, you will most likely have at least some memory of what happened. As soon as possible, you should write down everything you can remember about the crash. Not only will this help ensure that you have a record of what happened before your memory of the accident starts to fade, but it will help your lawyer determine what types of evidence might be available as well. 

Discuss Your Accident with an Arkansas Personal Injury Lawyer at Oliver Law Firm 

At Oliver Law Firm, we have decades of experience investigating serious accidents and fighting for just compensation on behalf of our clients. If you were seriously injured in an accident and you weren’t able to collect any evidence at the accident scene, we encourage you to contact us promptly so that we can help you. 

To speak with one of our experienced Arkansas personal injury lawyers about your accident during a FREE case evaluation, call (479) 202-5200 or tell us how we can help online now. We proudly serve clients across Arkansas and throughout the United States from our Rogers, AR office.