Preserving Evidence in Car Accident Cases in New York

Preserving evidence after you’ve been hurt in a car crash someone else caused is critical when you’re determined to secure the fair compensation you’re owed. Without solid proof, insurance companies can easily dispute your claim, and opposing parties have room to argue against you in negotiations. This can leave you with the possibility of receiving less than you deserve – or worse, nothing at all.

When you’re contemplating filing a personal injury claim, you need to know what kind of evidence you should focus on collecting and how it can help. If you’ve been in a collision in Queens, our attorneys at The Tadchiev Law Firm, P.C. can gather the most crucial evidence and use it against the insurance companies that will try to minimize your claim.

Why Is It Crucial to Preserve Information After a Car Crash?

Finding valuable evidence for a car accident case is essential for many reasons – and it can make or break your case. If there isn’t enough evidence in your case, it can be easy for the insurance company to downplay or deny your claim altogether. Securing evidence immediately gives you the best footing to:

• Prove fault – The evidence you assemble should demonstrate how the accident happened and who was at fault.
• Obtain accurate information about how the crash happened – When evidence is gathered right away, there is less chance that it could be lost or destroyed or that witness memories could fade or shift over time.
• Refute the at-fault party’s version of the accident – Collecting all available evidence right away allows your lawyer to foil any arguments the other party may make about how the collision wasn’t their fault.
• Demonstrate the value of your losses – You want to tell a story through documented evidence that shows all the losses you suffered because of the wreck. This includes medical bills, lost wages, vehicle damage, and pain and suffering.

Gathering evidence after a car crash makes it possible for you to prove what happened and take away the insurance company’s ability to shortchange you.

Types of Evidence in Car Accident Claims

Since evidence is crucial to a successful outcome, knowing what types of evidence are valuable in a car accident claim is important. Here are some of the most vital items to collect:

• Photos and videos – Take pictures of the scene, including any damage to your car, skid marks, road conditions, traffic signals, and your injuries. Remember to take photos from multiple angles. Recording a video of the scene afterward can help, but dashcam evidence is even more helpful.
• Police reports – After a crash, the police will begin their investigation with a report. Always make sure to ask for a copy. The officer will include their observations, witness statements, and any citations issued, which can help you prove fault.
• Witness statements – Having witnesses explain what they saw is excellent supporting evidence. If you spoke to any witnesses, get their names, contact information, and a written or recorded statement of their version of the accident.
• Medical records – Seek medical attention immediately and keep printed records of the doctor’s notes and final bills. Don’t forget that this includes prescription costs, treatment plans, and rehabilitation.
• Vehicle damage – It’s essential to take pictures of the damage to your vehicle, but it’s equally important to document your expenses. Take your car to a mechanic and get printed estimates of the total repair cost.
• Surveillance footage – Even if you don’t have a dashcam, your lawyer might still be able to find video evidence of the collision. Check to see if any nearby businesses have security cameras or if someone’s Ring camera might have caught the incident.
• Cell phone records – If you think the at-fault driver was on their phone when the accident occurred, speak with your lawyer. It is possible to request cell phone records that corroborate this theory.

This list of evidence may seem like a lot to collect, but proving the other driver’s fault and establishing the severity of your injuries is critical. Remember, in a court of law, your word doesn’t mean nearly as much as the proof. However, you don’t have to bear all the responsibility alone. Get as much as you can, then turn everything over to your lawyer. They will secure all available evidence that can be used to prove your claim, including things you can’t access on your own.

What If I Was Too Hurt to Gather Evidence at the Accident Scene?

If you suffered significant injuries in the car crash, it’s possible you couldn’t gather any evidence at all. Don’t worry. There are still plenty of ways to build a strong case. You can still:

• Hire an attorney who can help subpoena any additional evidence and tell a compelling story through evidence
• Request the police report so your lawyer can rely on the officer’s work to reveal what happened
• Seek medical attention as soon as possible to document a link between the collision and your injuries and establish their severity
• Have your lawyer collect surveillance footage from surrounding businesses, homes, and other vehicle dashcams

The sooner you contact an experienced car accident lawyer, the better chance they have of obtaining evidence before it’s forgotten, lost, or destroyed.

How Our Attorneys Use Evidence to Establish Fault

At The Tadchiev Law Firm, P.C., we know that preserving car accident evidence is vital in the fight for your compensation. As a leading personal injury firm in Floral Park serving Queens, NY, we thoroughly investigate collisions and gather compelling evidence to build solid cases for our clients. We’ll use the evidence you’ve collected and additional documentation we obtain to fight for the compensation you deserve. We know what evidence you need, how to get it, and the best way to use it.

Our team brings extensive experience with New York car accident laws and the no-fault insurance system. We can determine whether you’re eligible to file a claim with the at-fault party’s insurance company and support a strong case proving their liability. We will also counter lowball offers from the insurance company using detailed proof of your losses. And if they won’t make a fair offer, we are prepared to take your case to trial.

At The Tadchiev Law Firm, P.C., we are here to fight for the compensation you deserve while you concentrate on getting better – and we won’t charge you any fee unless we win your case.

Our Queens Car Accident Attorneys Are Ready to Help

If you’ve been injured in a car crash in New York, our attorneys at The Tadchiev Law Firm, P.C. are ready to secure the evidence required to prove your case. Contact us today for a free, no-obligation consultation to learn more.

About the Author

Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.