What Evidence Do You Need to Win Your Michigan Car Accident Case?

WHY IS EVIDENCE IMPORTANT IN A CAR ACCIDENT CASE?

In most car accident claims, the parties involved have conflicting stories about what happened. The at-fault party or their insurance company may try to dispute your account of the accident in order to avoid paying a large settlement. They may also challenge the damages you are claiming. For example, the defendant may question the extent of the victim’s injuries or financial losses such as future income and medical expenses.

In a personal injury case such as a car accident, the victim, or plaintiff, has the “burden of proof.” This means you have to prove the other driver was at fault and that you suffered damages from the accident. Damages may include economic losses such as medical bills, health insurance liens or lost wages, as well as non-economic losses such as pain, suffering and disability.

WHAT KIND OF EVIDENCE IS USED IN CAR ACCIDENT LAWSUITS?

There are two basic categories of evidence that are required for a successful outcome in a car accident case. Evidence about the crash itself as well as evidence showing how you were harmed.

1. Evidence pertaining to the actual car accident

This includes all available evidence that shows how the accident happened. This includes which vehicles were involved, where each car was going, whether there were traffic signals and who was at fault. This information can take many forms such as photos, video, statements from the drivers and any witnesses and the police report. 

Photos and Videos

If possible, take as many photos and videos as you can, including:

• External damage to all of the cars involved in the accident
• Accident location and surrounding area
• Traffic signals or road signs
• Internal damage to your vehicle
• Position of the vehicles immediately after the crash
• Weather and lighting conditions
• Road conditions if applicable (wet or icy)
• Post-accident evidence such as skid marks or scattered debris from the vehicles
• Your visible injuries, including cuts and bruises

Witness testimony

If anyone saw the accident, get their names and contact information. When the police arrive, make sure they take witness statements. In the event of a lawsuit, witness testimony can help support your version of events, especially when the witness is an objective observer rather than a friend or relative.

Police report

The police officers called to the scene of an accident will provide each driver with a police report number. Your insurance company will need this in order to process any claims you file. Your attorney will also use this number to obtain a copy of the report once it is complete. You are also entitled to request a copy from the police station in the municipality where the accident occurred.

Unless a police officer actually saw an accident occur, police reports are generally not admissible in court. However, these documents do contain important information that can be useful in negotiating a settlement. 

Interrogatories and Depositions

Interrogatories and depositions are used to gather evidence once your lawyer has filed an accident claim on your behalf.

• Interrogatories: Written questions that each party must answer, in writing, within a specific time period. The plaintiff is usually required to answer interrogatories from the attorney representing the defendant and the defendant is usually required to answer interrogatories from the attorney representing the plaintiff.  
• Depositions: Involved parties and witnesses give testimony, under oath, that is recorded and transcribed. The information obtained in a deposition is often used in settlement negotiations or trials. In court, deposition testimony can help a plaintiff if the defendant gives testimony that differs from what was said during a deposition.

Black Box Data

Many vehicles have Event Data Recorders, commonly known as black boxes. These devices record information used to analyze the details of a crash.  

A black box can record a variety of data pertaining to an accident, including:

• Vehicle and engine speed
• Throttle position
• Airbag deployment
• Brake application
• Whether seat belts were worn
• Steering angles

If two drivers have conflicting stories about how an accident happened, black box evidence may be used to prove whose account is accurate and who was actually at fault.

2. Evidence of Damages

It is not enough to establish that another driver was at fault for the accident. You must also prove you were harmed as a result of the other driver’s negligence. This evidence usually takes the form of medical records, photos of the injuries, proof of lost wages and copies of bills resulting from the accident.  

Medical records

Medical records are essential to prove you were seriously injured. These may include:

• Emergency treatment immediately after the accident
• Subsequent doctor visits or hospitalizations
• Surgeries and diagnostic tests 
• Rehabilitative therapy

Proof of financial loss

You may need to prove that the car accident affected you financially. Evidence of this may include: 

• Lost wages
• Medical bills
• Future costs

Expert witness testimony

Your lawyer may request testimony from doctors or other professionals regarding your injuries and their current and future impact on your life. This information is important in determining what your case is worth.

Intangible losses such as pain and suffering

Non-economic damages such as pain and suffering usually make up the largest part of a car accident settlement. While it is hard to put a dollar value on these kinds of losses, it is important to show that the accident had a severe impact on your life. An experienced car accident lawyer can help you document the specific ways your life has been altered, including chronic pain and emotional distress. Further, if your injuries have a negative impact on other family members, this can justify additional compensation. 

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