If you wish to recover compensation after a car accident, then you’ll need to prove that you weren’t the driver at fault. You’ll increase your chances of proving the other driver’s liability by working with a car accident attorney in San Antonio. There are several types of evidence you must collect and preserve.

Ask a Car Accident Attorney in San Antonio: How Can I Prove the Other Driver Was at Fault?

1. Use Footage

Take photographs and videos of the accident scene if you’re not too injured to do so after the accident. Try to photograph any debris that could’ve contributed to the accident, take pictures of the damage done to both vehicles, capture any skid marks, and get as much photographic and video evidence as you possibly can.

Footage from a dashboard camera or nearby security cameras may also be used as evidence. Your attorney may be able to access local security and traffic camera footage. Check out this site to get in touch with an attorney who may be able to help you gather this evidence.

2. Use the Police Report

The police report will often contain information regarding who the police believe was liable for the accident. If the police have determined the other driver was at fault, then your attorney may be able to use this as part of their case proving the other driver’s liability. The police report will most likely also have lots of other helpful information about the accident, the people involved, and the presence of injuries directly after the incident.

3. Use Evidence Showing the Other Driver Was Distracted or Intoxicated

Sometimes the other driver will have been intoxicated or distracted behind the wheel. If the other driver is believed to have been intoxicated, then the results of drug and alcohol testing may support your case. If the driver was distracted at all, then witnesses to the accident may be able to make statements regarding the driver being clearly distracted.

4. Use Witness Statements

Other drivers, your passengers, and pedestrians may be able to testify regarding liability. To onlookers, it’s sometimes obvious whose fault it was when an accident happens. If witnesses noticed that the other driver seemed to be distracted by something, such as looking at someone in the back seat, then the witnesses may also state this.

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What Evidence Should I Gather to Help Me Recover Compensation?

1. Medical Reports

Seeking medical attention after a car accident should be one of the first things on your mind once you can leave the accident scene. You might feel fine, but you could have whiplash or internal injuries. After seeking medical attention, you may then be able to use your medical records to prove that you were injured in the accident.

Your records may also be used to prove your injuries were caused by the accident and didn’t predate it. When trying to recover compensation, you may also be asked to undergo a medical assessment from a doctor or medical teacher that you’ve never met before.

2. Car Repair Bills

You’ll need an estimate of how much your car repairs are going to cost if you’d like to recover compensation for property damage. Negotiations regarding compensation will likely go on for some time after the accident, so you may even be able to use your exact bill to demonstrate how much you should be entitled to in property damage.

If your vehicle is beyond repair, then you’ll need an estimate of its value at the time of the accident. This way you can likely be reimbursed for that value.

3. Proof of Income

Your payslips or bank records may be used to prove how much you were earning at the time of the accident. This may then be used as a basis for how much you may be entitled to in lost income. Lost income should cover the amount you would’ve earned had you been working instead of recovering from the accident.

Your income at the time of the accident may also be used to estimate lost earning capacity if you’ll no longer be able to return to your previous job, or even to any full-time work, after the accident.

4. Statements About Your Emotional Well-Being

A car accident can really shake up your life, and if you’re injured or left with a disability, then your day-to-day life will be impacted even further. If you wish to recover pain and suffering damages for your mental anguish, loss of quality of life, and so on, then you may need to prove you’re enduring ongoing suffering after the accident. Diary entries, a statement from a mental health professional, and a testimony of your own may help.

Evidence is key to proving liability in a car accident. Photographs and videos along with witness statements should be very helpful in proving who was at fault for the crash. Further evidence will generally be needed regarding your damages if you wish to recover compensation after the incident.

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Nicolas Desjardins

Hello everyone, I am the main writer for SIND Canada. I've been writing articles for more than 12 years and I like sharing my knowledge. I'm currently writing for many websites and newspapers. I always keep myself very informed to give you the best information. All my years as a computer scientist made me become an incredible researcher. You can contact me on our forum or by email at [email protected].