Being in a car accident is a frightening time. Your car may be totaled, you or your passengers could be injured, and your sense of security has been shaken. The moments immediately following an accident are often marked by confusion, fear, and physical trauma. However, it is crucially important to remain calm and take action to protect yourself both physically and legally after an automobile collision. This is where an experienced personal injury lawyer in Fort Worth TX from Karns & Karns can make all the difference. Gathering evidence after an accident is essential for establishing fault, proving negligence, and receiving full and fair compensation for your injuries and other damages.
In Texas’s at-fault insurance system, collecting solid evidence is key to proving liability and obtaining a successful recovery for your losses. Texas follows a Modified Comparative Negligence rule, meaning that an injured person cannot recover any damages if they are found to be 51% or more at fault for causing the wreck. Strong evidence is needed to prove the other driver’s greater share of fault. The burden is on the plaintiff (the injured party) to conclusively establish that the defendant’s negligence directly caused the accident and resulting harm. Furthermore, Texas has a two-year statute of limitations to file a personal injury lawsuit. Therefore, urgent action must be taken to preserve important evidence before it disappears or memories fade.
What are the most important types of evidence to collect at the scene of a collision and in the days and weeks after an accident? Here are some best practices for gathering evidence in Texas:
At the Scene of the Accident
Photos and Video – Using your smartphone or camera, take photos of:
- All visible vehicle damage from multiple angles, including close-ups and wide shots. Be sure to document even minor dents, scratches, or other damage that may seem insignificant at first.
- The overall accident scene depicting road conditions, skid marks, debris, traffic signals or signs, and any factors potentially contributing to the collision such as potholes or obstructions. Take wide shots to establish the whole scene as well as close-ups of any hazards.
- Visible injuries sustained by anyone involved. Take care to avoid excessively graphic or invasive images.
- The license plates of the vehicles involved. These will be needed for the police report and insurance claims.
Witness Statements – Obtain the names, phone numbers, addresses, and email addresses of any eyewitnesses along with brief notes about what they saw. Witness statements provide critical third-party perspective on how the crash occurred.
Other Driver’s Information – Politely ask for the other driver’s name, contact details, insurance information (policy number, company), driver’s license number, and vehicle registration. Avoid admitting fault or discussing the accident itself beyond basic information exchange.
Police Report – Note that a police report will be created that contains the officer’s first-hand observations and conclusions. While extremely helpful for your claim, the police report alone is not sufficient evidence. Make sure to obtain a copy.
Your Own Notes – While the accident is still fresh in your mind, write down the date, time, location, weather conditions, what happened, what you saw, what you heard prior to impact, and any other relevant details.
After Leaving the Scene
Medical Records – Save all medical records related to injuries caused by the accident. This includes emergency room visits, doctor appointments, physical therapy, diagnostic tests (x-rays, MRIs), prescriptions, medical devices, and billing statements. Seek qualified medical attention even for seemingly minor injuries, which can worsen over time if left untreated.
Lost Income Documentation – Collect evidence of any lost wages due to missing work because of your injuries. This includes pay stubs, employer letters, and tax returns if self-employed. Lost benefits and loss of future earning capacity can also be recovered.
Property Damage – Obtain written repair estimates or documentation of total loss valuation from a reputable auto body shop or mechanic. Save all repair receipts.
Pain and Suffering Journal – Maintain a journal detailing your physical pain levels, emotional distress, inconveniences, limitations to your daily activities, and overall impact on your life after the crash caused by the defendant’s actions.
What Not to Do After an Accident
- Don’t admit fault or apologize, even politely. Anything you say can be misconstrued and used against you.
- Don’t negotiate with insurance adjusters alone. Contact an attorney before speaking to the other party’s insurance company.
- Don’t delay seeking qualified medical attention, even for seemingly minor injuries, which can worsen over time if left untreated.
- Don’t discard any potential evidence, no matter how insignificant it may initially appear.
- Don’t post about the accident on social media. Anything you post can and will be used against you.
Spoliation of Evidence
Under Texas law, spoliation refers to the intentional or negligent destruction, mutilation, alteration, or concealment of physical evidence relevant to a legal claim. Parties have a duty to preserve relevant evidence when litigation is pending or reasonably foreseeable. Texas courts can impose harsh sanctions if a party engages in spoliation, including adverse inference jury instructions allowing the jury to presume that missing evidence was unfavorable to the party who destroyed it. Even having an insufficient document retention policy can constitute “willful blindness” leading to sanctions for spoliation in some cases.
How Karns & Karns Personal Injury and Accident Attorneys Can Help
The skilled personal injury attorneys at Karns & Karns have extensive experience litigating accident injury claims in Texas and securing maximum compensation for clients. We will act swiftly on your behalf to investigate the collision, issue evidence preservation letters, gather medical records and other evidence, negotiate assertively with insurance adjusters, and take the negligent party to court if necessary.
If you or a loved one has been injured in an automobile accident that was someone else’s fault, contact our office today for a free case review. We will protect your rights every step of the way. Don’t leave money on the table or let statute of limitations concerns cause you to delay. Call Karns & Karns now at 800-4THE-WIN (800-484-3946) to set up a free consultation with a Fort Worth personal injury attorney.
