Across the United States, automobile accidents occur with such regularity that it can sometimes seem like road and highway crashes are the nation’s real national pastime. With billions of miles traveled by drivers each and every year, even the best safety measures are unable to prevent all crashes. For the drivers involved, these accidents cause a wide variety of negative effects, ranging from property damage and repair costs to injury or even death. Because the odds suggest that most drivers will eventually experience a major auto accident, it is imperative that every driver know how to respond when disaster strikes. That response includes understanding the importance of preserving evidence after a major car accident.
A Serious Problem
On every level, accidents take a toll on the nation’s drivers. According to AAA, drivers spend more than $700 a month on costs related to vehicle ownership – including things like auto maintenance, fuel, insurance, and other necessities. Most cannot afford the added costs associated with being in an automobile accident. Sadly, however, crashes create an incredible financial burden on drivers and the nation. In the year 2000, the economic toll associated with automobile crashes amounted to a staggering $230 billion. Accidents on the nation’s roads have had a similar financial impact every year since.
Just consider the following facts:
- There were 1 million crashes reported to the police in 2014 alone – and since not all accidents result in police contact, there is a strong likelihood that the actual number of incidents was much higher than that. Of those crashes, 72% resulted in nothing more severe than property damage.
- Even with only 28% of crashes resulting in injury or death, more than 2.3 million people suffered some degree of injury in those accidents. Worse, the NHTSA reports that more than 32,000 people lost their lives in those crashes.
Texas is one area of the country hit particularly hard by this phenomenon. In 2014, the total amount of travel on Texas roads and highways exceeded 248 billion miles. More than 237,000 people were injured in accidents in the state, in a year that saw an average of almost one crash reported every minute.
Why Evidence Preservation is Essential
For a variety of reasons, you always need to do everything in your power to preserve evidence when you are involved in any major automobile accident. It is advisable to capture evidence even in the aftermath of minor crashes. A major accident makes that preservation even more necessary. Here’s why:
- When any type of injury or damage is involved, your insurance company will also be involved. You need documented evidence to ensure that the company meets its obligation to pay out on your claim – or to enable your insurer to pursue damages from the party responsible for the crash.
- Major crashes can involve injuries of a more severe nature and serious property damage. As a result, they can also result in a greater possibility of litigation. You may need to go to court to press your claim or may find yourself defending against another driver’s claim. In either instance, you will need as much evidence as you can gather.
- Reportable crashes always involve law enforcement. Depending on the cause of the accident, and the outcome, there is even a possibility that criminal charges could result. Proper preservation of evidence could be your best defense.
What Types of Evidence Should You Preserve, and How?
First of all, it is important to remember that an early effort to gather and preserve evidence is critical. Do not wait for several days to search for critical evidence or try to locate witnesses. Instead, try to accomplish as many of the following evidence-preservation steps as you can, and as quickly as possible:
- Get photographic evidence of the accident site. Be sure to do your best to capture the conditions as they appeared at the time of the accident. If there is a broken traffic light, get video of it. If the road is damaged and that contributed to the accident, take pictures of it. Focus on documenting everything and as many angles as possible to present the most complete picture possible – including traffic volume, or other crashes in the immediate area.
- Gather contact information from any witnesses who are present. Exchange contact information with them whenever possible, and ask them if they will document what they saw.
- Capture physical evidence. Blown tire treads, downed branches, and all other factors that may be critical later on in the process. If another driver was at fault, be sure to make that clear to the officer who shows up to the scene.
- If injuries are involved, consult with a doctor immediately. Make sure that everything is properly documented for future reference. If your insurer is required to pay out on a claim, you will need that medical evidence to prove your injuries.
- Understand that the officers who respond to the crash have protocols in place for investigating the incident. Familiarize yourself with their protocols so that you know what to expect when being questioned by law enforcement about any automobile accident.
In Texas, as in many other jurisdictions across the country, officers are trained to take testimony, photograph the scene, and even draw sketches to capture what they see and potentially explain what happened. Be aware of this, and avoid doing anything that might interfere with the official investigation. Recognize that sometimes the confusion and chaos of the accident might mean that you cannot gather all the evidence you need right away. If that is the case, return the next day or send someone else if you’re unable to.
The bottom line is simple and easily understood. Major accidents almost always lead to the involvement of law enforcement, attorneys, and insurers. Regardless of how the aftermath of your accident proceeds, you will need every shred of evidence you can gather to ensure that you are treated fairly and provided with the compensation you are due.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
