The Role of Evidence in North Carolina Car Accidents

A car accident lawsuit may help you win compensation, but you must prove your case first. Evidence is critical to proving a motor vehicle negligence claim and winning the monetary damages you deserve. An experienced personal injury attorney understands this well and utilizes their years of practice to investigate your case. With the right evidence, you can prove the defendant’s liability in your car accident case.

At Naomi Ellis Law, our dedicated car accident lawyer is here to help. We consider all of the unique facts of your case and help you prove your claim. Schedule a consultation to get started. 

Preserving Evidence After a North Carolina Car Accident

Evidence is crucial, so we should first talk about how to preserve it after a car accident. Immediately after the incident, you are likely dealing with a lot. You could be in significant pain, be receiving medical treatment, and dealing with the financial fallout of the accident. However, there are steps you can and should take to preserve evidence to help in your eventual car accident claim.

After your accident, you should:

• Call 911: Contact emergency medical providers if anyone is hurt after the accident.
• Get Witness Information: Take down the names and contact information for anyone who witnessed the accident.
• Take Pictures and Videos: Photographic and video evidence is incredibly helpful. Take pictures or videos of your injuries, property damage, and anything else you think may be relevant.
• Obtain Police Reports: Law enforcement typically write up a report after an accident, and may even describe what they think happened. 
• Keep Medical Records: Keep all receipts, treatment documents, and anything else related to your medical expenses.
• Contact an Attorney: Speak to a car accident attorney right away after your accident to best preserve evidence and begin your case.

What Does My Evidence Prove?

In most car accident cases, you file a personal injury lawsuit against the driver that caused the accident. Evidence in your case is used to prove that the other driver was negligent and caused the accident. “Negligence” is a legal term and is proved by showing:

• That the other driver had a legal duty of care toward you
• That the other driver breached that duty of care
• That the breach caused the accident and your damages
• The extent and amount of your damages

Proving these essential elements is critical to winning compensation in your case. You cannot do so without the necessary evidence to show why the other driver was at fault. A seasoned personal injury attorney knows how to compile this evidence and present it in court.

Evidence Used in North Carolina Car Accident Lawsuits

The types of evidence gathered in your case can make all the difference in whether you can win compensation. This evidence should help demonstrate who was at fault and how badly you were hurt. 

Evidence commonly used in car accident cases includes, but is not limited to:

• Cell phone records, especially in distracted driving cases
• Expert testimony about the cause of the car accident
• Medical records, invoices, and treatment histories
• Photographs of the injuries and property damage from the accident
• Police reports and initial determinations of fault
• Vehicle damage reports and costs assessments
• Witness statements and depositions
• Videos of the accident
• Reconstruction of the accident
• Expert testimony about lost income and lost earning capacity
• Dashboard camera footage, if applicable

The evidence used in your case will depend on what exists and what is preserved. The sooner you enlist the help of a qualified attorney, the more likely you can preserve and utilize evidence to its fullest extent.

Use Evidence to Prove Your North Carolina Car Accident Claim

At Naomi Ellis Law, we understand the emotional challenges following an accident. The good news is, a  majority of cases are settled pre-suit, meaning you’ll receive fair compensation without the stress of court. That’s why we are dedicated to building a strong case during the pre-suit phase, the initial stage before a lawsuit is filed. Here, we’ll investigate your case and preserve evidence. However, if a resolution can’t be reached pre-suit, we will use the evidence we gathered effectively in court.

Contact us today for a free consultation of your case.