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Should I Settle My Car Accident Case?

What’s the Best Evidence to Use in a Car Accident Case?

April 24, 2024/in Car Accidents

One of the biggest benefits of hiring an attorney to represent you in a personal injury matter is that we conduct thorough investigations of our cases, and they produce evidence that may establish our clients’ cases. We use the best evidence we have to tell our clients’ stories so insurance companies or juries fully understand the situation and why they should be compensated.

Plaintiffs in personal injury cases need to prove many things. But they boil down to proving the other party is liable for the accident, and after that’s established, how much compensation the plaintiff should receive for the harm they suffered.

Without Liability, There is No Case

Liability findings are based on what happened before and during an accident. If the other party is liable for their accident, their insurance company should provide you with a reasonable settlement for the harm you suffered. If not, and a lawsuit is filed, and a jury finds in your favor, you should be awarded compensation.

Each vehicle accident is unique. Many things could’ve gone wrong before the drivers started their trips. Their vehicles may have had bald tires and bad brakes, the driver may have had a drink or two, and the road they’re on may be unlit and covered in water.

However, most of these cases involve what happened shortly before the accident. Poor judgments were made, and mistakes resulted in an accident that injured or killed someone. For these issues, the most credible evidence doesn’t involve either party. They’re from an unbiased, outside viewpoint.

This evidence isn’t from a defendant trying to hide the embarrassment, shame, and possible criminal charges that may come when an accident causes severe injuries or death. The plaintiff also isn’t involved. They may be suspected of hiding their mistakes and exaggerating the harm they suffer to obtain more money.

If their perspective covers the actions in question, and they have enough time to see the critical events, independent accident eyewitnesses and video coverage of the area can make or break a liability finding.

Why is Third-Party Eyewitness Testimony Important?

They may be someone standing on a sidewalk or in another car, or they just looked out a window when the accident occurred. This kind of testimony can be effective for several reasons:

  • Witness testimony can corroborate the events leading up to your injury, the accident’s circumstances, and the aftermath. This can provide additional evidence to support your version of events and strengthen your case
  • Witnesses perceived as credible by the judge or jury add credibility to your claims. Their testimony may be seen as more reliable than your testimony, especially if they have no personal interest in your case’s outcome
  • Witnesses may have seen details you may have overlooked or forgotten due to the shock of the accident. They may fill in gaps in your account and provide a more complete picture of what happened and why
  • A witness may also help your compensation claim if they can discuss what happened after the accident. Were you walking around, clearly in pain, bleeding, or knocked unconscious?

In many accidents, there are no witnesses to interview. No one may have been around to see what happened, or they may have left the scene without notifying the police of what they saw.

Why Are Videos Important Evidence?

The camera never blinks, which is critical for an investigation. We may get videos from different sources that help tell the accident’s story:

  • We often get videos of the scene after the accident from clients or their passengers
  • A passenger also may have been recording a video in the car before and during the accident
  • The driver may have a camera pointed towards the windshield that’s constantly recording what’s going on
  • Local or state government entities may have cameras at intersections or other sections of the road
  • Body cameras on police officers responding to the scene may provide substantial evidence
  • Private businesses or residents of the area may have security cameras covering the roads around the accident or the site of the crash
  • We may get copies of videos made or obtained by the defendant

These videos can be very effective in showing what happened, how it happened, and why:

  • Videos may provide a visual record of the events leading up to, during, and after the incident. This documentation can often capture details that might be missed in written or verbal descriptions, providing a more accurate story of what occurred
  • Unlike what the parties may say, which may be subject to poor memories or bias, videos offer an objective record of the events. This can make them particularly persuasive, especially if the video clearly shows the circumstances of the accident and who is at fault
  • Videos can capture details that might be difficult to convey through other means, like vehicles’ speeds, their positions, weather conditions, and other relevant factors
  • Videos can be played and analyzed multiple times, allowing judges, juries, experts, the parties, and their attorneys to carefully analyze the sequence of events. This can help ensure a clear understanding of what happened so informed decisions can be made about a settlement, or if that fails, a judge or jury can decide your case’s outcome
  • Seeing the events unfold in real-time through video footage can have a powerful emotional impact on viewers. This can strengthen your case by evoking empathy and sympathy from judges and jurors (maybe even defense counsel)

We try to find videos in our accident cases because they may provide a compelling visual representation of accidents, help establish liability, and support our clients’ compensation claims.

Speak To a Satterley & Kelley, PLLC Vehicle Accident Attorney Today

If another driver’s negligence injures you or a loved one, Satterley & Kelley PLLC attorneys can protect your interests and legal rights to compensation. Call our Louisville office at 855-385-9532 or complete our online contact form to schedule a free initial consultation to discuss your case and how we can help.

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