Evidence in a Charleston Car Accident Case

When drivers engage in risky behavior behind the wheel, accidents are prone to occur. When they do, these wrecks could leave victims daze and in need of immediate medical attention. Gathering evidence for a Charleston car accident case is something that is often placed by the wayside. Instead of leaving valuable evidence to deteriorate in quality, contact a dedicated attorney who could help you recover your losses through a strong personal injury claim.

Evidence that Attorneys Seek to Gather

In a Charleston car accident case, an attorney would first look at the automobile insurance policy of the injured person. An average policy might have two umbrellas, one addressing liability (being at fault for the accident). Then the attorney would begin gathering evidence surrounding the accident and the person’s injuries. That could include:

  • Photographic evidence
  • Video evidence
  • Witness interviews
  • Weather reports
  • Google Earth of the area where an accident occurred
  • Photographs of the intersection.

Then from the perspective of damages, the attorney would make sure that the injured party gets to the right doctors, the right type of medical specialist, for their injuries. For back, shoulder, or knee injury, an orthopedic specialist/surgeon may be necessary. Head injuries may need a brain injury neurologist. The proper care is necessary for the injured person to recover to what they were prior to the accident and documentation of the ongoing medical care would aid in calculating their damages (losses).

The evidence from those medical professionals, other documentary evidence, and witness interviews combine to form the damages which would then be presented to the insurance company for payment. If the insurance company does not honor their policy and pay the claim, it may become necessary to file a lawsuit. In a lawsuit, deposition testimony of medical providers and experts is necessary to prove both liability (who is at fault for the accident) and the damages (what type of loss the injured party has incurred as a result of the accident).

The Unique Nature of Evidence and Charleston Car Wrecks

Every case is worked up individually and on a case-by-case basis. What is needed in one case may not be needed at all in another, although there is a certain methodology in the way the attorney gathers evidence. The first place to start is right where the accident occurred. Using a common-sense approach, the attorney would want all photographic evidence, video evidence, witness statements, witness interviews and so forth, that were taken by any police officer at the time of the accident to help determine what happened. Sometimes this is a straightforward process after an interview with the police officer and/or witnesses to the accident.

Other times further investigation is needed. They may need to talk to an engineering expert or city planners regarding the traffic patterns, timing for lights and traffic signals. Ultimately, every case is a case-by-case basis, but the general pattern is to look early at what evidence exists to find out what other evidence needs to be investigated and developed. At that point, they would determine if they need expert witnesses, lay witnesses, and/or documentary evidence to complete the case.

What An Attorney May Want to Know

The evidence-gathering process starts the second a Charleston car wreck occurs. Evidence is not something that is easily discovered a month, six months or six years later. Gathering evidence is something that needs to happen right away. A rainstorm or other weather could come in and wash away, degrade, or destroy evidence. Witnesses might move and witnesses’ memories change and fade.

With a Charleston auto accident, an attorney should be contacted immediately so that the evidence-gathering process and defense building phase is initialized even though the insurance company claims they are going to do the right thing. The amount the insurance company offers as a settlement may not be anywhere adequate to cover the losses sustained by the injured person, and the matter may end up in court. For this reason, contacting an attorney who could help with gathering evidence in a Charleston car accident case is invaluable.

Speak with a Dedicated Defense Attorney

Evidence in a Charleston car accident case is critical when you are interested in seeking compensation for your injuries and holding negligent parties accountable. However, gathering all of the evidence, especially after a serious wreck is challenging for anyone. Instead of missing a crucial detail, contact an attorney who could help you recover your losses and gather the required evidence for you.

 

 

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