Evidence in Car Accident Lawsuits

Car accidents occur frequently in New York. In most cases, they are the result of negligent driving. When injuries are serious, those injured may go outside the no-fault insurance system to sue for damages. Evidence is crucial to a car accident lawsuit, whether your lawyer is negotiating directly with the insurance company, discussing your case with a mediator, or bring the case before a judge and jury. In most cases, defendants in car crash lawsuits do not admit they were at fault, which makes evidence all the more crucial. If you were injured in a car crash, you should discuss your situation with the seasoned Syracuse car accident lawyers of DeFrancisco & Falgiatano, LLP.

After getting injured in a car accident, it can be important for you to gather evidence as soon as possible. Often it’s necessary to corroborate what you say happened with photographs of the accident scene, debris, and damage to the car. It may be appropriate, particularly after more complex accidents, to retain an accident reconstruction expert to come out to the scene. Often, insurance companies send someone out to take a look immediately after the accident; it is important to retain a knowledgeable personal injury attorney with your best interests in mind to send a credible expert out to the site, too.

One type of evidence that can be important in settlement negotiations, mediation, and at trial is testimony. Witnesses with first-hand knowledge, also known as percipient witnesses, can corroborate your statements and make a big difference to your case To that end, it is helpful to gather the contact information for those who saw the accident, the events leading up to it, or what happened afterward. Your own testimony is likely to be important as a plaintiff; sometimes insurers try to informally obtain admissions of fault from those who were injured to use against them in their case. An at-fault driver may also testify about what happened; his or her testimony may contradict yours. However, other drivers’ testimony may be available to confirm your claims. Additionally, the memories that would be included in testimony, and the physical evidence to support them, may be lost over time. Accordingly, it is imperative to consult a lawyer as soon as possible, and before you talk to the other side.

When there are serious injuries as the result of an accident, you should report what happened to law enforcement. The resulting police report may wind up as evidence. Our lawyers will obtain the document, which may include an officer’s determination of who was at fault and can be persuasive to a jury.

Certain types of injuries are so serious an accident victim cannot take photographs. However, if you’re not prevented, you should photograph the scene from different angles. You should take pictures not only of the car, but also skid marks, debris, and dents in your car, as well as the other car or cars involved. These can be helpful so that an accident reconstruction specialist can figure out precisely what happened for purposes of establishing fault. Photographs can be helpful to showing who had the right of way, and where the accident occurred in relationship to the device, but they can also be useful to establish the severity of injuries, such as lacerations, burns, or disfigurement.

When determining damages, the jury will look at both your economic losses and your noneconomic losses. Medical records can go towards establishing your concrete losses, including any permanent injuries, but they can also be helpful in establishing noneconomic damages. Pain and suffering, for instance, may be evaluated according to how serious the injuries are and what losses would naturally flow from them—information that can be developed through the medical records, as well as expert testimony, sometimes from more than one expert.

Car accidents can have devastating consequences. If you were injured or a loved one was injured in a car accident in which another driver failed to follow traffic signs and signals, call our seasoned Syracuse attorneys. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for injured car crash victims in Canandaigua, Lowville, Auburn, Buffalo, Oneida, Utica, Rochester, Albany, Wampsville, Watertown, Herkimer, Oswego, Lyons, Ithaca, Cooperstown, Binghamton, Elmira, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.