The Role of an Attorney in a Car Crash Case

The Role of an Attorney in a Car Crash Case

On Behalf of Rosenthal, Levy, Simon & Sosa | April 18, 2024 | Car Accidents

Since most car accident claims are settled through insurance, too many people try to handle these cases on their own. While you may feel that you are saving a large expense by not hiring an attorney, that could not be any further from the truth.

The reason? Without the assistance of a legal professional, you may be forced to accept far less than your car accident case is worth.

Our Florida car accident lawyers are here to provide an overview of how we can assist in gathering evidence to help you recover compensation for a car accident claim.

Proving Liability

The core of any car accident case (or any personal injury case) is proving that the other driver was negligent. Negligence can be boiled down to the following elements:

• Duty of care: All vehicle operators have a duty to follow traffic regulations and the rules of the road
• Breach of duty of care: The other driver breached his or her duty (such as, running a red light, speeding, failing to yield right-of-way)
• Causation: The other driver caused your injuries as a result of their actions
• Damages: As a result of the accident, you suffered injuries and measurable losses

Gathering Evidence

Any evidence that can be gathered from the accident may help establish the liability of the other driver. A car accident lawyer will assist you in collecting evidence to have a successful insurance claim. If you decide to proceed to trial, this evidence can help you win a personal injury suit.

Below, we discuss several types of evidence in a car accident case:

Physical Evidence

Physical evidence consists of any material objects or tangible items that may clarify how the events of your accident unfolded.

Physical evidence may include shredded tires, vehicle wreckage, and broken glass. In order to be admissible, records must be kept on which individuals had possession of the evidence, when, and for how long.

For identification purposes, forensic evidence may also come into play. In accidents where the driver flees the scene before exchanging information and offering assistance, fingerprints can uncover possible suspects.

Video Footage and Photographs

Any video footage or photographs that were retrieved at the accident scene may provide clarification on what happened. Regarding video footage, dashcams tend to be the most common. Mounted on your dashboard, dashcams usually run continuously, sometimes noticing details of an accident that both drivers may have missed.

Under the Mark Wandall Traffic Safety Program, Florida also allows the use of red-light cameras. If you cross through an intersection as the light is turning red, these cameras will snap three still shots and take real-time footage of your car.

When videos are not available, you may need to rely on photos. Any photos that you can take at the accident scene, including identifying landmarks, skid marks, and documentation of your physical injuries, can help to shed more light on your accident.

Eyewitness Testimony

If you saw any witnesses at the scene, it is important to get their full names and phone numbers. You may need to call on these people later to testify on your behalf. Not every witness will have the same viewpoint. A car accident lawyer will interview potential witnesses to determine who may be most beneficial to your case.

Consult with a Florida Car Accident Lawyer Immediately

Whether you decide to file an insurance claim or go to court, you need reliable evidence. Along with gathering evidence, a car accident lawyer will comply with the rules of evidence. Contact us today online or by calling 561-478-2500 to schedule your complimentary consultation.