Injured in a car accident? How can evidence make all the difference in an accident claim?

If you are involved in a car accident, it is quite possible that litigation may follow and you even be the initiator of the litigation with the intention of recovering damages inflicted upon you for no fault of yours. According to Austin, TX accident lawyers, evidence is the fundamental and key element which will either make or break your car accident insurance claim or personal injury lawsuit.

If the other driver was driving at night without their lights on, your Austin, TX accident lawyer would like to know about that!

Practically speaking, the more evidence you have, the better your chances of winning the lawsuit and consequently the money you seek as compensation.

Evidence and Burden of Proof

As the victim of a car accident caused by another party’s negligence, you have the legal option of suing the at-fault driver and his or her auto insurer for your damages. This can be done by filing a civil lawsuit with the court clerk in either the state or county court. This civil lawsuit may be a personal injury lawsuit, a wrongful death lawsuit, or a property damages lawsuit depending on what exactly transpired in the case.

Texas accident attorneys explain that the burden of proof lies on the plaintiff in any accident lawsuit. Therefore, if you want to win the lawsuit then it is your responsibility to prove that the defendant was negligent in causing the auto accident and this led to your injuries and other damages. Until you prove otherwise, the defendant is considered not guilty.

Evidence plays a major role in proving the defendant’s negligence. Obviously, no court or judge is simply going to take your word for it. You need to have concrete, irrefutable evidence against the defendant. Your legal pro will know where to look to gather such evidence and will also know how to present your case, the claims and the evidence in an effective manner.

Evidence from the Scene of the Accident

Austin, TX accident lawyers suggest that right after a car accident occurs and when you are still at the scene of the auto accident is the best time to collect a lot of basic evidence which will make things a lot easier if the case goes to trial or to prevent the case from ever going to trial since the other side will want to settle. Of course, your first concern should be your own health and safety and that of others, but once this is covered then you need to focus on gathering as much evidence as possible.

Now collecting evidence after a car accident, certainly one where you are not at fault but you should do this anyway (take pictures and so on since you do not want anyone to exaggerate) is the rational move to make. If you saw the show Breaking Bad, you will see a character called Walter White (Bryan Cranston) who does several things in that show that are not rational.

For one, even before the show even begins, it is explained that White quits a startup pharmaceutical company that he helped start right before they were prepared to explode with their product. He quit because this woman did not care for him as much as this other guy. Three chemists were building this product and working on the formula. White proved he was imbalanced and irrational before season one even began. These two people went on to become millionaires and White ended up with nothing. Not smart Walter White!         

It would be prudent to use your smart phone to take pictures of the crash site, the debris, and the number plates of all vehicles involved. In addition, make sure to record testimonies any witnesses are willing to make and note the personal information of other drivers involved and the badge numbers and names of responding officers.

In you have suffered losses in an auto accident, make sure to talk to a Texas accident lawyer today to determine what other evidence is needed and how you can win your lawsuit and receive the compensation you deserve.

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