The Importance of Preserving Evidence After a Car Crash

Posted on behalf of James Lynch on July 20, 2020  in Car Accident News. Updated on July 11, 2023

taking-pic-crash-orange-jacketAlthough many accident victims are injured and disoriented after a car crash, it is important to try and preserve as much evidence as possible. If victims are able and they will not be putting themselves in harm’s way, there are steps they can take. The victim’s attorney can also take steps to obtain evidence to bolster a claim.

If you have a viable claim, the New Jersey car accident lawyers at Lynch Law Firm, PC are prepared to help you gather the evidence you need to help prove your claim. Our firm has obtained over $300 million in verdicts and settlements, including $4.5 million for a car crash victim who suffered a traumatic brain injury.*

Ways an Attorney Can Help Preserve Evidence

One of the most important ways to document a scene is to take pictures, such as pictures of damaged vehicles and injuries suffered by the victim. Sometimes skid marks on the road or property damage can help your attorney determine the angle from which your car may have been struck. It is important to get to the scene quickly to take pictures as the scene could be cleaned up or altered soon after the crash.

Letter of Spoliation

If you hire an experienced attorney, he or she can send a letter of spoliation to try to prevent the other party from tampering with or destroying evidence. For example, the letter could request the other party’s vehicle not be fixed until your lawyer and his or her investigators have a chance to take pictures of the vehicle.

Recovering Video Footage

If there happened to be video cameras in the area they may have recorded your accident as it occurred. Our lawyers may be able to help obtain a copy of the footage by making a formal request. This footage may be exactly what your lawyer needs to validate your case and defend your claim against the insurance company that will be looking for any reason to deny or devalue your claim.

If you were struck by a commercial truck or newer vehicle that records electronic data, your lawyer may be able to attain this data to determine things like the speed of the vehicle before the crash occurred.

Gathering Evidence While it is Still There

It is important to gather evidence before it is cleaned up. If your crash occurred in the middle of a major intersection, chances are it will be cleaned up or altered quickly. That is why, when it is possible and you will not be putting yourself in harm’s way, you should take pictures and write down details about the scene, along with what you remember about the crash.

While it may not be apparent while you are doing it, the pictures and notes you take could give your attorney the information he or she needs to build a strong case.

If road debris from the vehicles traveled a significant distance, the investigators used by your attorney may be able to determine the speed of the vehicles before the accident occurred.

It is also important to look for witnesses at the scene. You can interview them and ask for their contact details so your lawyer can get in touch with them later with more questions. You are likely to have a hard time finding witnesses after leaving the scene, so that is why it is so important to talk to them at the scene.

Contact an Attorney Who Has Experience Preserving Evidence

When you are looking for a New Jersey car accident lawyer to represent your car crash claim, it is important to hire someone who has experience gathering evidence and investigating these types of cases.

At Lynch Law Firm, PC, our team of dedicated attorneys has several decades of combined experience. Some of them have have lifetime memberships in the exclusive Multi-Million Dollar Advocates Forum.

Our licensed attorneys understand this may be a difficult time for you and your family, which is why we are prepared to handle the entire legal process on your behalf so you can focus on the healing process. We collect zero fees unless and until we secure compensation for your claim.

Call Lynch Law Firm, PC anytime 24/7 at (800) 518-0508 .

* Results may vary depending on your particular facts and legal circumstances.

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