Critical Evidence Checklist for Car Accident Lawyers
The difference between winning and losing a car accident claim is evidence.
It’s as simple as that.
If you don’t have the right evidence, even the strongest car accident case can fall apart instantly. And here’s the crazy part…
Most people don’t even know what types of evidence are crucial — or how quickly that evidence can disappear after a car crash.
That’s why this evidence checklist is so important. Use it to know exactly what you need to focus on immediately after any car accident.
Here’s what we’re covering:
- Why Evidence Is Everything In A Car Accident Claim
- Critical Evidence Checklist
- How To Preserve Evidence For Your Case
- Common Mistakes That Ruin Your Evidence
Let’s dive in…
Why Evidence Is Everything In A Car Accident Claim
Every day, millions of car accidents occur across the country.
Approximately 6.1 million car crashes resulted in non-fatal injuries in 2023, and that number jumps to almost 1.7 million when only injuries are taken into consideration. Millions of injuries and that’s just in the United States.
But out of all those crashes…
The number one thing that every top-notch car accident lawyer will tell you is this: you can’t win a car accident case without evidence.
Working with the best car accident lawyer in Denver will ensure you have legal professionals who know exactly what evidence is needed — and how to preserve it before it’s too late.
If you have rock-solid evidence? You have a rock-solid case.
And that’s exactly why this evidence checklist is critical to organize from day one.
The Critical Evidence Checklist
Below you’ll find the ultimate evidence checklist. This is exactly what law firms use to sort through client information and build winning car accident cases.
Police Report
Listen, your evidence checklist starts with the police report, and we’re not negotiating.
When the police respond to a car accident, they document their findings in a report. It includes their observations at the scene, any citations issued, and important details about the crash.
Police reports typically include:
- Names and contact info for both parties
- Information on any witnesses at the scene
- The responding officer’s opinion on who was at fault
- Weather and road conditions at the time of the crash
Request a copy ASAP. The police report can be used as evidence in court.
Photographs and Video Footage
Photos and video footage are priceless when it comes to building your case.
Why? Because car accident scenes change quickly. Debris gets cleaned up. Vehicles get hauled away. Injury evidence disappears. That’s why photographing the scene right away is of utmost importance.
You’ll want photos of:
- All damage to all vehicles from every angle
- Debris on the road and any skid marks
- Nearby traffic signs, signals, and road markings
- Road conditions, traffic lights, and weather
- All injuries, no matter how minor they may seem
Don’t forget to look for any nearby surveillance or traffic cameras. And if anyone has dashcam footage — grab it.
Insurance companies love video footage because it tells the entire story without having to hear your side.
Medical Records & Bills
This is the single area where car accident victims hurt themselves the most.
Medical records tie your injuries to the accident. If you don’t have documentation from a medical professional, insurance companies will claim those injuries were pre-existing.
Everything from your emergency room visit, follow-up appointments, diagnosis, medications, and treatment plans should be documented.
That includes:
- ER records and doctors notes
- Receipts for any medication
- Physical therapy documentation
- Specialist visits and referrals
Roughly 3 million people were injured in car accidents in 2023 — and let me tell you, the biggest reason people are low-balled on injury claims is that medical records are not compiled correctly. Don’t be that person.
Witness Information
Did someone else see the crash? Great. Now be sure to collect their information.
Car accident attorneys understand just how important witness statements can be to solidify a case. That’s why you should always be collecting the following from witnesses:
- Name
- Phone number
- Car accident statement
Witnesses who were not involved in the accident hold a lot of weight. That’s because they have no reason to provide a biased account of what happened.
Pro Tip: Ask for a statement ASAP. Memories will become cloudy the longer you wait.
Other Driver’s Information
This should also be obvious, but you want to collect as much information from the other driver(s) as possible.
- Name and contact information
- Driver’s license number
- Insurance information
- Vehicle registration
If the driver is being stubborn and refusing to give you their information, the police officer can document their refusal when writing the report.
Negligence Evidence
Car accident cases are all about fault. You have to be able to prove who was negligent.
Speeding was involved in 29% of motor vehicle traffic fatalities in 2023. While speeding is one example of negligence, there are other forms you’ll want to gather evidence on:
- Distracted driving (don’t worry… phone records can be subpoenaed)
- Driving under the influence (toxicology reports)
- Traffic violations (police report)
- Vehicle malfunction (maintenance records)
Remember, any evidence you can provide that points to the other driver’s negligence will only help your case.
Income and Employment Records
Did you know that car accidents can cause financial losses as well?
If you’ve missed work due to injury, you’re going to want documentation on lost wages. Some car accident victims lose thousands of dollars just by not being able to work!
Make sure you have:
- Pay stubs
- Tax returns
- A letter from your employer confirming time missed
Don’t give your hard-earned money back to insurance companies…
How To Preserve Evidence For Your Case
After you’ve collected your evidence, it’s time to make sure you do everything you can to preserve it.
Evidence can be destroyed quickly if you’re not careful. Here are some best practices to ensure you don’t accidentally mess up:
- Act quickly. As I mentioned before, critical evidence can disappear in a flash.
- Don’t fix your car. You should not drive your car after an accident — and you shouldn’t fix it either. Let your attorney photograph the damages before any repairs are made.
- Stay off social media. Believe it or not, insurance companies will even review your social media accounts to find reasons to deny your injury claims. Even if you feel 100%, it’s best not to post until your claim is settled.
- Request everything in writing. Police reports, medical records, footage requests — everything should be requested in writing so there is a paper trail.
Preserving evidence sounds like a daunting task, but when you break it down, it’s quite simple.
Common Mistakes That Ruin Your Evidence
At Personal Injury Attorney Guide, we see the damage that is done when car accident victims fail to properly preserve evidence.
Some of the most common examples include waiting too long to seek medical treatment, posting about the accident or injuries on social media, and failing to collect witness information.
Each of these mistakes gives insurance companies an upper hand in fighting your claim.
But one mistake that can DESTROY your evidence is agreeing to a settlement too soon.
Insurance companies love to offer quick settlements to impatient car accident victims. Unfortunately, once you sign that agreement, your case is OVER.
Don’t fall for it.
Here’s To Building A Winning Case
One thing is for certain: you need evidence to win a car accident claim.
Here’s your evidence checklist again:
- Get a copy of the police report ASAP
- Take photos and videos of everything
- Save all medical records and bills
- Write down that witness information
- Gather evidence on negligence
- Document lost income
Want to win your case? Collect your evidence and give it to a qualified car accident attorney.
