6 Signs You Have a Strong Car Accident Case
When it comes to an auto accident lawsuit, there are factors to consider in order to determine that you have a strong car accident case that warrants filing a lawsuit. If you should seek legal representation, take these six signs into account.
1. There Is Physical Evidence
One of the greatest assets you will have for your car accident claim is physical or visual evidence that you gathered at the scene.
Ideally, video footage would be the best evidence to have. With the rising popularity of dash cameras and security cameras in most public spaces, there is a likelihood that video footage of your crash exists somewhere.
In addition, take photos of the crash from every angle. Any photos taken may be helpful with your case. Take photos of any debris caused by the accident, skid marks, road obstructions, property damage, and bodily injuries.
Additionally, make sure to keep all of our receipts and invoices. This includes car expenses or repairs that were paid because of the accident. This also applies to medical bills for medical treatment and surgeries.
The more physical evidence you collect and provide, the more likely it is your car accident lawsuit will be a strong one.
2. There Are Eyewitnesses
Depending on where the accident happens, its likely pedestrians, shop workers, and other people witnessed the accident from different angles. Talk to an eyewitness, and if possible, record their statements (police may also do this) so that their account of what happened is documented.
If an eyewitness is willing to help, write down their contact information. Your lawyer can interview them to determine if their details can help your case.
3. You Were Not or Were Partially At-Fault
Part of deciding to seek legal representation after a car accident is understanding comparative fault law. This law states that any injured victim can still be awarded some compensation in a car accident case, even if they are partially to blame.
California is a pure comparative fault state, which means that if you are 49% at fault for the accident, you can still recover some damages. However, the majority of fault does need to fall on the other driver in order to recover damages.
Other factors, like the percentage you are found at fault, injuries, bills, and damages, will determine how much you receive in your settlement.
It's best to leave this up to your lawyer and the court. There are many small details in a car accident case, and a professional will be able to assess them accurately and legally. Even if you're unsure about how much you were at fault, it's best to seek advice from a lawyer.
The court will have the final say on how much each party was at fault in the accident. The more evidence you can provide to back up your role in the accident, the more accurate of a conclusion the court can come to.
4. You Called the Police
It's important to call the police after an accident. According to California law, a driver of either vehicle involved in an accident must report the accident to the police if the crash resulted in injuries or property damages totaling over $1,000.
An official police report is considered to be very valuable when filing a claim. The police will investigate and log their findings in a report. An accident report can include details about all parties involved in the accident, eyewitness statements, and more.
All the police records can be referred to if there are any discrepancies later during your case. They're also handy to have when officers or witnesses can't recall specific details or things said from memory.
Failure to report a car accident that meets the requirements for reporting can result in fines, jail time, or both.
5. You Didn't Delay Medical Treatment
If you think you may be injured after an accident, it is important to seek medical help as soon as possible. As a result, there will be no dispute regarding injuries. For instance, insurers cannot claim that you suffered injuries elsewhere. However, the longer you wait to see a doctor, the harder it will be to prove your injuries are related to the accident.
It also helps your case to have medical records proving the extent of any injuries. In addition, any medications, equipment to help with recovery, or other forms of care administered can be compensated.
Official medical paperwork is good evidence when it comes to determining how badly you were injured in a car accident. This can also come in the form of invoices and medical bills.
6. Evidence of Financial Loss
Your case will be stronger if you can present proof that you have suffered financial losses due to the car accident.
This includes loss of wages from days missed from work, hospital bills, future medical expenses, medication costs, auto repair costs, property damages, physical or emotional therapy, and more.
You are able to recover losses from work that you have already missed. In addition, work that you will have to miss in the future or lost earnings is also accounted for. Lost earning capacity refers to money that you will lose in the future due to your injuries.
Make sure to gather all the necessary paperwork to show the financial burdens that resulted due to the accident. These will help your car accident settlement turn in your favor.
Learn More About Your Car Accident Case Options
If you're the victim of a car accident and you're unsure whether or not you have a strong car accident case, talk to a car accident lawyer.
At Central Valley Accident Lawyers, we're here to help you determine if you have a strong case. We will also help you determine if legal representation is in your best interest. Contact us to request a free consultation about your case today.