What Evidence Pertaining to the Accident Should I Have?
If you get involved in a car accident in Massachusetts, you may be entitled to financial compensation for your property repairs and medical costs. Before you can recover compensation, however, you may have to prove your case. Do your best to collect the following types of evidence after a car accident to prepare for this possibility.
Why Do You Need to Collect Evidence?
Massachusetts is a no-fault state. This means that you generally don’t have to prove fault or negligence to recover financial compensation for your bills after a car accident. You can receive benefits from your own car insurance provider, regardless of fault. If you have serious injuries, however, you may need to file a claim against the at-fault driver or another party for just compensation. In this scenario, you will have to prove your case based on a preponderance of the evidence. This is enough clear evidence to convince an insurance company, judge or jury that the defendant is more than likely than not to be at fault.
Police Report
Call 911 to report a car accident from the scene of the crash. Even if a car accident qualifies as minor, reporting it to the police can create an official record of the accident that you can use as evidence. A police report can show an insurance company that the collision occurred the way that you say it did. When the police arrive, make sure they put your side of the story on the record. Ask for the police report number before you leave so that you can request a copy from the police department later.
Photographs and Videos
If you can, take photographs and videos while at the scene of a car accident in Massachusetts. Photographs can serve as indisputable proof that the other driver caused your collision, such as a picture of a blown-out tire on the other car. If any nearby businesses or intersections have surveillance cameras that caught the crash on tape, obtain copies of this footage to use as evidence, as well.
Eyewitness Statements
Before you leave the scene of a car accident, get the names and phone numbers of any eyewitnesses. If someone saw the car accident take place, that person may have important information about the cause of the crash, such as which driver was violating a traffic law at the time of the collision. Signed eyewitness statements can be used as key evidence in a car accident lawsuit.
Medical Records
After you receive professional medical care for your injuries, request copies of all of your relevant medical records. Medical records can help you prove your injuries and related expenses. It is better to submit your own records to a car insurance company rather than signing a Medical Authorization Release Form sent to you by the insurance company. This is because this document may give the insurance company permission to access your full medical history – a tactic often used to deny a claim based on a pre-existing injury. Keep an injury journal, as well, to prove your pain and suffering.
Expert Testimony
In some car accident cases in Massachusetts, testimony from subject-matter experts may be required to prove the allegation being claimed. A crash victim may need a medical expert to explain his or her injuries to a jury, for example, or a crash reconstruction expert to demonstrate how the collision took place.
How an Attorney Can Help
As a victim who has been injured in a serious car accident in Massachusetts, you don’t have to deal with evidence preservation, collection or presentation on your own. A Lowell car accident attorney can thoroughly investigate your collision, identify the at-fault party and help you gather evidence to build a compelling case on your behalf. Contact an attorney for assistance as soon as possible after your car accident.