When car accidents result in serious or fatal injuries, proving liability is a critical step toward establishing accountability. Proving liability involves gathering evidence of why an accident happened and who (or what company) is responsible. It may be necessary to gather evidence from a variety of different sources, and some types of evidence will need to be gathered quickly before they disappear.
Due to the complexity (and the importance) of the evidence-gathering process, it is critical that accident victims and family members engage a law firm promptly. A law firm that routinely handles complex car accident cases will be familiar with the potential sources of evidence and the steps that are involved in gathering evidence so that it remains admissible in court.
Evidence Our Lawyers Can Use to Prove Car Accident Victims’ and Families’ Legal Rights
At Silva & Silva, we have extensive experience representing car accident victims and their families. While every case is unique, the following are 10 types of evidence we often use to prove our clients’ legal rights:
1. Forensic Evidence from the Accident Scene
Forensic evidence from the accident is critical in almost every case. This evidence can take many forms, and it can be used to prove everything from a driver’s speed at the time of a collision to the role of hazardous road conditions in causing a serious or fatal accident. Some common examples of forensic evidence that can be used in car accident cases include:
- Damaged road signs, guardrails, and vegetation
- Documentation of hazardous road or weather conditions
- Documentation of traffic conditions
- Tire marks
- Vehicle debris
Due to the importance of preserving any forensic evidence that is available, when an accident victim or family hires us to handle their car accident case, we send an investigator to the scene right away. Our lawyers then review the available forensic evidence to determine where else we may need to look for additional evidence of liability.
Our team will examine each of the vehicles involved in the accident as well. This examination can also provide key insight into the events leading up to the collision. For example, the location and extent of the damage to each vehicle can be crucial factors for assessing liability—and this is key forensic evidence that we will preserve as well.
2. Driver Statements and Testimony
In cases involving driver negligence, the at-fault driver’s statements can be key evidence of liability. If the at-fault driver admitted to causing the accident when speaking with the police, this should be reflected in the police report, and we can obtain a copy of the police report if you don’t have one.
We can also subpoena the at-fault driver to testify under oath, and we can monitor the at-fault driver’s social media accounts to see if he or she posts anything about the accident (which is not uncommon). If we can obtain an admission from the at-fault driver through any available means, we will use his or her statements to help with proving liability in insurance settlement negotiations or in court if necessary.
3. Eye Witness Statements and Testimony
Eye witness statements and testimony can also be powerful evidence in car accident cases. We may be able to identify eye witnesses through a variety of means; and, in most cases, eye witnesses will be more than happy to help. But, if necessary, we can subpoena eye witnesses to testify under oath as well.
If any eye witnesses took photos or videos at the accident scene, we can seek to obtain copies of these to assist with proving liability. Even if we are able to conduct an investigation promptly after the accident, any photos or videos taken in the immediate aftermath of the collision could still be helpful for documenting facts like the precise location of the crash and the road and traffic conditions at the time of the collision.
4. Traffic Camera and Surveillance Camera Footage
Video footage of a car accident can be the single most valuable form of evidence in many cases (though even video footage may not be enough on its own). If your or your loved one’s car accident was captured by a traffic camera or surveillance camera, our lawyers can seek to obtain the footage so that we can use it for proving liability.
Watching video footage of a serious or fatal accident can be traumatic, and you are under no obligation to view the footage if you don’t want to. But, it is important that we seek to obtain any video footage that is available. If the footage clearly shows that the other driver was at fault—or if it shows that some other factor is to blame for your injuries or your loved one’s death—our lawyers can use the footage as necessary as we seek justice on your behalf.
5. Dashcam and Cell Phone Camera Footage
Along with traffic camera and surveillance camera footage, dashcam and cell phone camera footage can serve as evidence in serious and fatal car accident cases as well. If your dashcam was recording, if another driver or witness captured footage of the crash, or if anyone took videos in the aftermath of the accident, any footage that is available could also prove helpful for establishing your legal rights.
With this in mind, if you took any videos (or photos) with your phone, you should keep all of these videos to share with our lawyers. If you had any passengers at the time of the crash, you should ask your passengers to keep any videos or photos they took as well. Once our lawyers identify any witnesses to the crash, we can seek to determine if these witnesses have footage they can share (or that they may have already posted online).
6. Accident Reconstruction
Accident reconstruction is the science of piecing together the events leading up to a serious or fatal collision. Accident reconstruction methods have become extraordinarily sophisticated, and it is now possible to create evidence-based computer-generated simulations of car accidents in many cases.
These computer-generated simulations are generally admissible in court, and they can be highly influential for both judges and juries. Insurers will consider accident reconstructions as well; and, in many cases, producing an accurate evidence-based reconstruction of a serious or fatal accident will help spur good-faith settlement negotiations.
7. Expert Reports and Testimony
Expert witnesses also play a key role in many serious and fatal car accident cases. These are highly educated and skilled professionals who are intimately familiar with various issues involved in assessing liability after a collision. Some examples of ways that expert witnesses can help with assessing and proving liability include:
- Examining vehicle crash damage and other forensic evidence
- Examining vehicle components that may have failed before or during the crash
- Examining issues with the road’s surface or construction that may have played a role in the collision
- Examining potential issues such as seatbelt failures and airbag explosions or failures
- Assessing the primary cause of a collision when multiple factors were involved
We work with expert witnesses in a wide range of specialties, from vehicle engineering to metallurgy and chemistry. We call on these experts to prepare reports and provide testimony when necessary, and we use their reports and testimony to assist with clearly proving what happened and who (or what company) deserves to be held accountable.
8. Cell Phone Records
Distracted driving is a leading cause of serious and fatal car accidents in Florida. While distracted driving can take many forms, in most cases, drivers are distracted by their phones. If the driver who hit you or your loved one was on a call, texting, or scrolling social media at the time of the accident, we can seek to obtain his or her cell phone records to prove it.
We can also seek to obtain copies of drivers’ text messages and social media posts (including private social media posts). If a driver admits to causing a collision, even in messages that the driver intended to keep private, this admission can be powerful evidence as well. As an accident victim or grieving family member, you have the right to know anything the at-fault driver has said about the crash—with only limited exceptions when privileges (i.e., the attorney-client privilege) apply.
9. Vehicle GPS and Telematics Data
Many modern cars, trucks, and SUVs store extraordinary amounts of data. This includes everything from GPS data tracking drivers’ locations to telematics data tracking drivers’ speeding and braking tendencies. In many cases, moment-by-moment speed, steering, and braking data will be available as well.
This “black box” data can be extremely valuable in car accident cases. Not only can it help with proving if a driver made a trip to the liquor store or slammed on the brakes too late, but it can also help with proving if any non-driver-related factors played a role in causing a serious or fatal collision. For example, if a vehicle’s “black box” data show that a driver was observing the speed limit and attempted to brake safely, this could point to an issue with the vehicle itself—and this could suggest that the vehicle’s manufacturer is to blame for the accident.
10. Employment and Rideshare Records
Finally, employment and rideshare records play a central role in many car accident cases. If an at-fault driver was working when he or she caused a collision, then the driver’s employer or rideshare company could be liable for the crash. In Florida, employers are vicariously liable for their employees’ negligence, and rideshare companies are required to provide coverage when their drivers’ insurance policies aren’t enough.
Employment and rideshare records can be relevant in other ways as well. For example, if a driver’s employment records show that he or she had been behind the wheel for an extended period of time prior to the crash, this could suggest that fatigue was a factor. Likewise, if a rideshare driver’s app data show that he or she was logged in at the time of a collision, this could help with proving that he or she was distracted behind the wheel.
While these can all be important forms of evidence in serious and fatal car accident cases, the types of evidence that are available in any particular case will depend on the specific circumstances involved. If you need to establish liability for a serious or fatal car accident in Florida, we strongly encourage you to contact us right away so we can launch a comprehensive investigation.
Talk to a Coral Gables Car Accident Lawyer at Silva & Silva for Free
We help accident victims and families seek accountability after serious and fatal car accidents throughout South Florida. To speak with an experienced Coral Gables car accident lawyer at Silva & Silva about your case as soon as possible, call 305-445-0011 or request a free consultation online now.