Many Texas residents have had the unfortunate experience of being in a car accident. Even the most seemingly minor car accidents can result in severe injuries and property damage. Establishing fault after an accident is essential when filing a lawsuit for damages or filing a claim with an insurance company. Here is some of the evidence you may find useful when building your case.
Police reports
Police officers who arrive at the scene of an accident generally must draft a report documenting their findings. These accident reports often contain the officer’s observations, details about any traffic violations or tickets that were issued at the scene, and other details about the accident.
Photos and videos from the scene
Surveillance footage of the accident itself is often one of the best forms of evidence used in car accident lawsuits. However, photos and videos of the scene can also be helpful. These can give a judge or jury a realistic idea of how the accident occurred.
Eyewitness testimony
Eyewitness testimony from anyone who saw the accident can be essential to helping establish fault after a car accident.
Expert witness testimony
Expert witnesses are often asked to testify in personal injury cases regarding their area of expertise. For example, a doctor may serve as a witness and offer their opinion as to whether the victim’s claimed injuries are as serious as they are claiming them to be.
With the above evidence, you and your attorney may be able to establish that another driver’s negligence, or breach of duty, caused your accident and your resulting injuries.
Even if you are partially liable for the accident, under Texas’ comparative negligence laws, you may still recover damages if you are less than 50 percent at fault for the accident.
The compensation you recover may include medical expenses, lost wages, pain and suffering, loss of earning capacity, scarring and disfigurement, mental anguish, and other economic and noneconomic damages.
