If you get involved in a serious car accident, there are things you should do to begin building your claim right away. Under Nevada’s fault law, you will be responsible for submitting evidence that proves fault and establishes your losses. Knowing what evidence is the most important to collect can allow you to craft the strongest possible claim.
A Police Report
The police report can contain key information about the car accident that is phrased in a clear and unbiased way. When you call the police to report a collision in Nevada, the responding officer will fill out a crash report form with important details, such as the names of the parties involved, descriptions of the vehicles, official photographs of the crash scene and citations given to either driver.
If one driver was in violation of a traffic law at the time of the collision, such as speeding, running a red light, driving under the influence or reckless driving, this will be noted on the police report. This can be used as evidence against that driver, proving that he or she is at fault for the car accident.
Photos and Videos of the Scene
Photographs and videos of the car accident or crash scene can provide powerful evidence. For example, pictures can show where both vehicles ended up after the collision, enabling crash experts to reconstruct how the car accident occurred and the directions both vehicles were traveling in at the time of impact.
Pictures of the larger crash scene – including road conditions, skid marks, nearby traffic signs and weather conditions – can also help investigators piece together what happened. If any nearby security or traffic surveillance cameras caught the collision on tape, this can also provide strong, irrefutable evidence of fault and causation.
Medical Records
The main elements that a crash victim must prove during an insurance claim are that the other driver or accused party (defendant) caused the accident and that the victim suffered compensable losses as a result. Medical records are a key type of proof when a crash victim is seeking compensation for bodily injuries.
Medical documentation can include:
- Medical bills and health care costs
- Hospital records
- X-rays or scans
- Physical therapy reports
- Doctor’s notes
- Treatment plans
- Medication prescriptions
- Documents from a life-care planner
If a car accident victim is claiming a long-term or permanent disability, the extent of his or her injuries must be proven using medical evidence. Mental health struggles, such as post-traumatic stress disorder, must also be proven with evidence such as psychological evaluations.
Proof of Losses
It is important to gather evidence that proves losses besides physical injuries. If you are seeking compensation to repair a damaged vehicle, for example, you will need repair estimates from a professional mechanic or photographs of your damaged car.
Keep all bills and receipts related to your car accident to submit with your claim. This may include rental car bills, vehicle towing costs and travel receipts. If you wish to claim compensation for lost wages, collect timecards, wage statements and a letter from your employer.
Eyewitness Statements
It is important to get the names and contact information of anyone who witnessed the accident. This can include passengers in the crash and bystanders. Eyewitness statements can give investigators a better idea of what happened and who is to blame. Witnesses may have firsthand accounts that support or refute what one of the drivers is claiming. Their information will typically be viewed as more reliable than accounts given by the parties directly involved.
Expert Testimony
Testimony from a relevant and qualified expert can be crucial during a serious car accident case. A medical expert, for example, can provide in-depth and reliable information regarding the victim’s injuries. This can include facts about the medical care that will be necessary to treat the injuries and comments about how the injury may affect the victim in the future (e.g., the costs surrounding a permanent disability). Other relevant experts include car accident reconstructionists and accountants.
Injury Journal
If a crash victim wishes to seek financial compensation for noneconomic damages, or pain and suffering, he or she should keep an injury journal. This is a diary that is updated daily by the victim describing his or her thoughts, feelings and experiences throughout the healing process. An injury journal can illustrate how significantly a serious injury has impacted his or her life, helping the victim receive damages for pain, emotional distress and loss of enjoyment of life.
What Is the Burden of Proof?
In a car accident case in Nevada, the burden of proof is “based on a preponderance of the evidence,” or enough evidence to show that the defendant is more likely to be at fault for the crash than not. Meeting this burden of proof takes clear and convincing evidence. You will need evidence showing that the defendant owed you a duty of care, breached or violated this duty through a negligent or reckless act, and caused your car accident.
How a Car Accident Attorney Can Help
If you get involved in a serious crash in Nevada and need to file a claim or personal injury lawsuit, contact a Las Vegas car accident attorney for legal assistance. An attorney can immediately go to work preserving important evidence, such as sending letters of preservation that require the defendant to keep certain documents or data intact.
Your lawyer can revisit the crash scene, interview eyewitnesses, subpoena records, speak to your doctors and hire experts at the top of their field to provide supporting evidence. An attorney will work hard to determine why the crash happened and obtain evidence supporting your claim, such as cell phone records in a distracted driving car accident case.
If you have a case with complex evidence, such as a truck accident, it is even more important to hire an experienced attorney for help. You may need a law firm to access black box data, collect trucking company records and find proof of broken federal laws on your behalf.
Finally, a car accident attorney can help you avoid common mistakes when it comes to gathering evidence, such as not reporting the accident to the police, delaying medical care, admitting fault, trusting an insurance company and failing to keep relevant records. Contact an attorney for a free consultation after a serious car accident for more information about evidence collection.