California’s fault-based insurance laws require a car accident victim to prove the responsible driver’s liability in order to recover full compensation for their damages, such as property damage costs, medical expenses, lost earnings, and compensation for pain and suffering. Proving liability requires meeting the burden of a preponderance of evidence showing that the at-fault party breached their duty of reasonable care, their breach of duty caused the injury, and the injury victim suffered damages.
Gathering evidence for a car accident case begins at the scene of the accident.
Evidence From the Scene of a California Car Accident
If an accident causes severe injury with incapacitation, an injury victim may be able to do little at the scene of the accident other than await help. However, using a cell phone at the accident scene can preserve evidence such as photographs of the accident scene, the damaged vehicles, and the contact information of involved drivers and eyewitnesses.
Even when a car accident survivor cannot take photos after the accident, the police generate a detailed report at the scene, often including their observations upon arrival, eyewitness statements, and the officer’s assessment of the accident. The police report of a California car accident is essential to a claim.
Gathering Additional Evidence to Prove Liability
During the days and weeks after a serious car accident, an injury victim’s car accident attorney gathers additional evidence by doing the following:
- Examining the police report
- Viewing traffic camera or security camera footage of the accident, if any exists
- Viewing photographs of the damaged vehicles
- Visiting the accident scene
- Reviewing eyewitness testimony
A Van Nuys accident attorney may also consult with an accident reconstruction specialist to recreate the accident, determine the cause, and identify the negligence that led to the crash.
Gathering Medical Evidence to Prove Damages
Proving a negligent driver’s liability also requires showing that the car accident injury victim sustained injuries with economic and non-economic damages. Evidence proving damages includes the following:
- The medical report detailing your car accident injuries, the doctor’s recommended treatment, and your prognosis for recovery
- Your medical bills and invoices
- Receipts for related out-of-pocket expenses
The evidence of your injury-related expenses is a critical component of a successful car accident claim. By consulting with a medical expert, your car accident attorney also documents evidence of the future costs of your remaining medical treatment as well as an understanding of the pain and suffering involved in your injury.
Evidence of Income Loss or Diminished Future Earning Capacity
Lost wages and anticipated future income loss are also important aspects of car accident damages. By consulting with medical experts, your Van Nuys injury attorney will document evidence of your injuries’ effects on your ability to earn a living now and in the future. If the injury left you disabled, the evidence may indicate that you can recover compensation for diminished future earning ability as well as compensation for the earnings you’ve already lost and any additional income losses based on scheduled medical procedures or physical therapy.
The Importance of Evidence In California Car Accident Cases
Evidence is critical to a successful claim under California’s pure comparative negligence car accident laws. Under this type of system, an insurance company can reduce the compensation on your claim by your percentage of responsibility for the accident. Without assertive legal representation safeguarding your rights, the insurance company may assign you an undue percentage of fault to protect their profits at your expense. A lawyer gathers evidence and presents their findings to the insurance company to obtain the most favorable result possible in your case.
