If you have been injured in a car accident, you may be entitled to compensation. But, if you receive compensation, the amount could depend as well on whether the evidence is preserved in the case.
When most people think of “evidence preservation,” they immediately think of criminal charges. Television shows and movies frequently illustrate the importance of preserving biological evidence such as blood and other bodily fluids at crime scenes. Preservation of evidence in a civil personal injury lawsuit is just as important.
Why Is The Preservation Of Evidence So Important?
In a personal injury case due to a car accident, the victim may be entitled to financial damages such as medical expenses, lost wages, and repairs. In addition, the victim may be entitled to compensation for non-economic damages, or “pain and suffering.” Before a victim receives compensation, he or she must prove that the defendant was negligent. In the case of a traffic accident case, the defendant may be the driver or the manufacturer of the vehicle.
Data kept by the defendant can often help prove negligence. The law allows the victim to have access to these records in many cases; however, the victim must take legal steps to preserve the records and ensure that they are not destroyed before they can be reviewed.
Each car accident case presents its own set of facts and circumstances; However, there are some common types of records that must be preserved, including:
Maintenance records – If a defect in the vehicle caused the driver to lose control or otherwise contributed to the accident, maintenance records could help prove this.- Medical records – If the defendant was taking prescription drugs, that could have caused drowsiness, which could have contributed to the accident.
- Cell phone records – Most states prohibit texting while driving, and many also prohibit handheld devices while driving. Cell phone records could show that a driver was texting or talking on a cell phone, which could serve as the basis for a distracted driving claim.
- Logbooks – If the defendant is a truck driver, logbooks can show how long the driver was behind the wheel before the accident. If the driver was found to be in violation of federal regulations, you could have the basis of a fatigued driver negligence lawsuit.
- 911 – Calls to 911 are logged but are covered after a certain amount of time. A call to 911 could show what was happening just before or just after an accident.
How Is The Evidence Preserved In A Car Accident Case?
State laws determine the legal process for the protection of evidence in a civil lawsuit. In most cases, the victim’s attorney will have to file a motion in court to preserve the evidence. Because this can be a financial burden on the accused, the victim must generally show that the evidence is relevant and necessary and that, without an order to preserve it, the accused will destroy the evidence. Having an experienced car accident attorney by your side who understands how the work rules and procedures will ensure that no crucial evidence is preserved in your case