The evidence you collect within the first fifteen minutes of an auto accident can make the difference between a claim denied and total recovery for your injuries. If you've been involved in a car accident in West Palm Beach or anywhere in Palm Beach County, proper documentation is crucial for building a strong personal injury case. In this blog, we'll share our top five tips for documenting evidence after an automobile accident, as well as five rookie mistakes that could potentially hurt your case.
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Top 5 Tips for Documenting Evidence After a Car Accident
When determining the value of a slip and fall case where surgery wasn't required, several factors come into play:
1. Prioritize Safety First
If you've been struck from behind or to the side, the first thing you need to do is assess yourself and those in your vehicle. Make sure that you are safe before doing anything else. Don't rush to get out of the car just to take pictures. If you are injured, call 911, stay in your vehicle, and wait for fire rescue or police to arrive.
If you're on a non-crowded street and feel safe enough to exit your vehicle, check on the other party involved. Once you've assessed the situation, move your vehicle to the side of the road if possible to avoid creating a safety hazard. Never remain in the middle of I-95 or any major highway where you could become a target for other vehicles.
2. Take Comprehensive Photos and Videos
If you are physically able to take photos and videos, document everything thoroughly. Don't just photograph your car – capture images of the other person's vehicle as well. Take video of the entire accident scene to document the positioning of all vehicles involved, especially before they're moved.
This documentation is particularly important in cases where liability might be disputed, such as when merging into lanes. If the other driver later claims you were at fault, having visual evidence of the original positions can be invaluable.
Remember to photograph:
- Both license plates (yours and the other driver's)
- Impact points and damage on all vehicles
- Road conditions (wet surfaces, puddles if it had been raining)
- Skid marks or broken glass on the road
- Weather conditions
- Traffic signals or signs in the area
Don't rush this process. Detailed documentation now will help your case months later when memories fade.
3. Document Witness Information
Third-party witnesses can be crucial to supporting your version of events. If someone approaches you saying they saw what happened, be sure to get their contact information immediately.
Don't rely on police officers to collect witness information, as witnesses may leave the scene before officers have a chance to speak with them. If a witness says the other party was at fault, thank them for stopping and ask for their:
- Full name
- Phone number
- Email address
If a witness indicates they can't stay for the police to arrive but is willing to provide a statement, consider recording their account (with their permission). When recording, state the date and time of the accident, show the accident scene, and ask them to describe what they saw.
Remember that Florida is a two-party consent state, meaning you cannot secretly record conversations. Always get permission before recording anyone.
If the other driver makes any admissions like "I'm sorry, I wasn't paying attention" or "I was on my phone," write down these statements immediately with the date and time. These statements can be valuable evidence if your case goes to trial.
4. Seek Medical Documentation
If you are injured, seek medical attention immediately. If EMS arrives and you're experiencing pain, don't "tough it out." Report your symptoms honestly, whether you choose to take an ambulance or transport yourself to a medical facility.
Be clear and communicative with the responding officer if you're experiencing pain. Tell them specifically where you're hurting so they can note it in their report. Police reports that indicate "no injuries" can be harmful to your case later on.
If you begin experiencing pain hours or days after the accident, don't delay seeking medical attention. The sooner you see a doctor after your accident, the stronger the connection between your injuries and the crash.
Remember that Florida law requires you to seek medical treatment within 14 days of your accident to qualify for Personal Injury Protection (PIP) benefits. Additionally, any gap in time between your accident and medical treatment may be used against you by insurance companies, who might argue that if you were truly injured, you would have sought immediate care.
5. Handle Insurance Claims Properly
After an accident, you have a duty to report the incident to your own insurance company, even if you weren't at fault. This is necessary to make a PIP claim and ensure you fall within the 14-day treatment window.
If you haven't yet retained an attorney, be prepared to provide your insurance adjuster with all the evidence you've gathered. Have your photos, videos, witness statements, and medical documentation ready when you make your statement.
It's important to understand that while you have a duty to cooperate with your own insurance company, you are under no obligation to speak with the other party's insurance company. If liability is disputed, the other insurance company may try to use your statements against you. If you need to make a property damage claim against their insured party, they will likely request a statement, but you should consider consulting with a personal injury attorney before providing one.
5 Rookie Mistakes That Can Wreck Your Car Accident Claim
1. Not Taking Enough Photos or Videos
Taking just one or two snapshots isn't sufficient. You need comprehensive documentation of the entire accident scene from multiple angles to paint a complete picture of what happened.
2. Missing Witness Information
If you talk to witnesses but fail to get their contact information and they leave before police arrive, you'll likely never find them again. Hearsay testimony about what an unknown witness said isn't admissible in court.
3. Refusing Medical Attention at the Scene
Even if you're trying to be polite or don't consider yourself a "lawsuit person," downplaying your injuries at the scene can severely damage your case later. When someone is later interviewed about the accident, they may testify that you claimed you weren't injured, destroying your credibility.
4. Waiting Too Long to Seek Medical Attention
Delaying medical treatment beyond 14 days will disqualify you from PIP coverage. Furthermore, insurance adjusters and defense attorneys will argue that your injuries couldn't have been serious if you didn't seek prompt medical care.
5. Posting Physical Activities on Social Media
If you're claiming serious neck, back, or other injuries that limit your activities, but then post photos or videos of yourself dancing, jumping on trampolines, riding roller coasters, or engaging in other physical activities, you're providing evidence that contradicts your injury claims. Insurance adjusters and defense attorneys actively look for this type of social media content to undermine your case.
Contact Our Experienced West Palm Beach Car Accident Attorney Today
If you or a loved one has been involved in a car accident in West Palm Beach, Palm Beach Gardens, or anywhere in Palm Beach County, proper documentation is essential, but having experienced legal representation is equally important. Contact us online or call our office directly at (561) 671-5995 to schedule your consultation.
Whether you've recently been injured or have questions about an existing injury claim, contact us today by clicking the button above or calling (561) 671-5995. We are available 24/7 online or by phone to discuss your case with our experienced team.
For more information about personal injury cases, download our free guide, “What the Heck Is My Personal Injury Case Worth?", available on our website.
