Free Strategy Session

Preserving Evidence in Motor Vehicle Accident Claims: What You Need to Know


Motor vehicle accidents are any collision involving a motor vehicle and can range from minor fender benders to more serious collisions resulting in severe injuries or even fatalities. The prevalence of motor vehicle accidents is rising, with millions of reported accidents yearly in the United States alone.

To pursue a legal claim after a motor vehicle accident, preserving all evidence related to the incident is essential. This can include photographs, eyewitness testimony, medical reports, police reports, and other relevant documentation. The collected evidence can help determine who is at fault in the accident and establish the extent of any damages incurred.

Additionally, evidence that is not preserved, destroyed, or lost can be used against the victim in court. Therefore, it is critical to understand the legal process involved in motor vehicle accident claims. It is also critical to take all necessary steps to ensure preservation.

Types of Evidence in Motor Vehicle Accident Claims

Motor vehicle accident claims involve gathering evidence to support a claim. Three main types of evidence are typically sought:

  • Physical evidence includes any physical object or material that can be used to support the claim, such as vehicle damage, photos, or video footage.
  • Documentary evidence is any written record relevant to the claim, such as medical records, police reports, and insurance documents.
  • Finally, testimonial evidence is the statements of witnesses or other parties involved in the accident.

Physical Evidence

When making a motor vehicle accident claim, it is important to consider the physical evidence relevant to the case. This includes the amount of vehicle damage, the road conditions, and the traffic signs and signals present.

Careful examination of these elements can provide an accurate picture of the incident and ensure the claim is properly assessed. Factors such as the angle of vehicle impact, the speed of the vehicle, and the area’s visibility can all be determined through the collection and analysis of physical evidence.

Vehicle Damage

The extent of damage to the vehicles involved in a motor vehicle accident can have a significant impact on the outcome of a claim. As such, it is important to document the damage extent as accurately and thoroughly as possible. This can be done by taking photos of the vehicles before repairs are made and gathering repair estimates.

Additionally, any parts removed from the vehicle should be kept as evidence. It is also important to keep records of any conversations with insurance companies regarding vehicle damage. This documentation and evidence are crucial in establishing facts supporting a claim.

Road Conditions

Factors such as road conditions greatly influence motor vehicle accident outcomes. Poor weather or hazardous road conditions can cause even the most experienced drivers to make mistakes, increasing accident risk.

To preserve evidence in motor vehicle accident claims, it is important to document the road conditions at the time of the accident. This includes taking photos of the road surface, any debris or other hazards present, and any weather conditions that may have contributed to the accident.

It is important to note any skid marks or other indicators of vehicles’ prior movements. All of this information can help you piece together an accident’s events and provide valuable evidence to support a claim.

Traffic Signs and Signals

Drivers must be able to identify and interpret all types of signs and signals on the road, including regulatory signs (stop, yield, speed limit), warning signs (curves, bumps, falling rocks), and guide signs (directional, pedestrian crossings). Failing to follow traffic signs and signals can result in serious motor vehicle accidents. Understanding the road rules is essential for preserving evidence in accident claims.

An important factor in preserving evidence is being aware of the traffic signs and signals at the time of the accident, as they can be used as evidence to explain the circumstances or even to determine fault. In addition, witnesses who saw the accident and can testify to the traffic signs and signals at the time can also preserve evidence.

Documentary Evidence

Documentary evidence is a key component of motor vehicle accident claims. Police reports, medical records, and insurance policies should be essential evidence. These documents provide written information about the accident, the persons involved, and the circumstances of the crash. This information can be used to determine liability and damages.

Police Reports

Police reports are an important source of evidence in motor vehicle accident claims. They are typically written by police officers who attend the scene of the accident and provide an impartial account of the events.

Police reports often include details, such as:

  • The names of the drivers and passengers involved.
  • The vehicles that were involved.
  • The estimated speed of the vehicles.
  • A description of the accident scene.
  • The names of any witnesses.

They may also include contact information and statements from the drivers, passengers, and witnesses. The accuracy of the information in the police report can be invaluable when assessing liability in motor vehicle accident claims.

Medical Records

Medical records are crucial for motor vehicle accident claims, providing evidence of the claimant’s injuries, medical care, and relevant history. They include X-rays, lab results, medical bills, and the claimant’s medical history

These records support the claimant’s account, reveal the injury’s nature, and validate related medical expenses. Moreover, they assess the injury’s permanence, long-term consequences, and connection to the accident.

Insurance Policies

In addition to medical records, preserving evidence related to insurance policies in motor vehicle accident claims is important. In particular, policyholders should retain evidence of the declaration page, policy limits, and any relevant endorsements.

It is vital to have an accurate understanding of the policyholder’s insurance coverage. This can be used to determine if the insurer is providing fair compensation for the accident.

To this end, the following points should be noted:

  1. Obtain a copy of the declarations page, which outlines the full coverage provided by the policy.
  2. Note the policy limits, including any relevant caps or exclusions.
  3. Take note of any endorsements that may affect the coverage provided.

Testimonial Evidence

Testimonial evidence, which involves eyewitness accounts, statements from involved parties, and expert witness testimony, is an important part of motor vehicle accident claims.

Eyewitness accounts can be used to corroborate the accounts of the involved parties and provide a more comprehensive picture of the incident.

Expert witness testimony can provide an impartial assessment of the facts of the incident. This can shed light on the validity of the claims made by both sides.

Eyewitness Accounts

Eyewitness accounts are crucial to establishing the incident facts. Eyewitness accounts can provide a firsthand account of the accident, offering valuable evidence to build a case.

Here are some of the key benefits of eyewitness accounts in motor vehicle accident claims:

  1. They can provide a detailed account of the incident.
  2. They can identify any vehicles or drivers involved in the accident.
  3. They can provide evidence of the speed of the vehicles.
  4. They can identify contributing factors such as weather, road conditions, or other distractions.

Statements From the Involved Parties

Statements from the parties involved in the incident can clarify the circumstances that led to the occurrence. Statements should be taken from all parties involved, including drivers, passengers, pedestrians, and witnesses. 

In addition, statements should be taken from the police officers who responded to the scene. All of these statements can be used to understand the events that led to the accident. They can help substantiate any claims made.

Expert Witness Testimony

When dealing with motor vehicle accident claims, it is important to consider expert witness testimony to preserve evidence. Expert witnesses are people qualified by experience, knowledge, or skill to offer an opinion in a given field. This type of testimony can be used to corroborate or refute the statements of the involved parties.

It is important to consider the following aspects of expert witness testimony when preserving evidence in a motor vehicle accident claim:

  1. Qualifications:
  • Education
  • Professional experience
  • Expertise in the relevant field
  1. Cost:
  • Hourly rate
  • Expenses
  • Fees
  1. Availability:
  • Timeliness
  • Availability to testify
  • Availability to prepare a written report

The Critical Time Frame for Evidence Preservation

Gathering evidence immediately after the accident is essential as the statute of limitations directly impacts the ability to present evidence in a claim. If evidence is destroyed or lost due to negligence, this can result in legal consequences known as spoliation of evidence.

Importance of Gathering Evidence Immediately After the Accident

Immediately following a motor vehicle accident, gathering evidence as soon as possible is crucial to ensure the preservation of necessary information for any potential claims.

As soon as it is safe to do so, the following evidence should be obtained:

  • Photographs of any skid marks, damage to the vehicles, and the traffic pattern at the scene of the accident
  • Contact information for all involved parties, including drivers, passengers, and witnesses
  • Documentation of any medical care received
  • Photos of any visible injuries
  • Copies of the police report and any other reports filed by law enforcement
  • Details of the damage to each vehicle involved.

Statute of Limitations and Evidence Preservation

The statute of limitations is crucial in preserving evidence for motor vehicle accidents, as it directly impacts potential claims. 

Florida’s statute of limitations for such accidents is four years from the accident date. Evidence collected after this period may not be admissible in court, making it essential to gather evidence within the time limit for a successful claim. 

Exceptions to the statute exist, such as for minors and individuals with disabilities, delaying its start. Awareness of these exceptions ensures evidence preservation within the statute of limitations.

Legal Consequences of Evidence Spoliation

Failing to preserve evidence in a motor vehicle accident can lead to serious legal consequences for the claimant. 

Spoliation of evidence involves the destruction or failure to preserve evidence and can result in adverse inferences in civil cases. This means the court may assume the missing evidence supports the opposing party’s position, potentially leading to unfavorable outcomes or even case dismissal

In criminal cases, spoliation can result in criminal contempt, monetary sanctions, or a mistrial. To avoid such consequences, claimants must preserve all accident evidence.

Steps to Preserve Evidence After a Motor Vehicle Accident

Following a motor vehicle accident, personal safety and medical attention are important. Calling the police and documenting the accident is also essential to gather information from both parties and witnesses.

Finally, taking photographs and videos of the accident scene and collecting relevant documents and records are important steps in preserving evidence. It is also imperative to remember that, even after a small accident, it is important to contact the police and fill out an accident report. 

In addition, it is also critical to:

  • Ensure safety and medical attention.
  • Exchange information with all parties involved; This includes getting contact. information, insurance information, and information on any witnesses.
  • Take pictures of the accident scene and any damage to the vehicles.
  • Obtain the contact information of any witnesses.
  • Contact an attorney to ensure all legal rights are preserved.
  • Contact an insurance company to initiate a claim.

Admissibility of Evidence in Court

Presenting evidence in court requires careful consideration of its admissibility. The admissibility of evidence in court is based on whether it is relevant to the case at hand, whether it is reliable, and if it is allowed by the court’s evidence rules.

For example, hearsay, self-serving, or otherwise unreliable evidence will NOT be admitted in court. Additionally, evidence considered prejudicial or inflammatory or with no probative value is generally not admissible.

The parties involved in a motor vehicle accident case must ensure that all relevant evidence is collected and presented in a manner that adheres to the court’s rules of evidence. 

It is important to note that even if the evidence is relevant and reliable, the court may still exclude it if it is considered too prejudicial or does not meet the other admissibility requirements. Therefore, parties should consult legal counsel when preparing evidence for court presentation.

Role of Insurance Companies in Evidence Preservation

After ensuring the admissibility of evidence in court, the next step in pursuing a motor vehicle accident claim involves the role of insurance companies in evidence preservation. 

Insurance companies are involved in such claims due to potential financial losses for both parties, making evidence preservation vital to minimize their exposure. They collect evidence at the accident site, including photographs, witness statements, and vehicle damage reports. 

Additionally, insurance companies conduct investigations, employing investigators to gather and document relevant evidence to withstand legal scrutiny.

Working With Legal Professionals

Legal professionals preserve and present evidence in motor vehicle accident claims. Attorneys are responsible for obtaining evidence related to the accident and for ensuring that evidence is accurately preserved.

This may involve collaborating with investigators and experts to determine the cause of the accident and the degree of responsibility of each party.

The Role of an Attorney in a Motor Vehicle Accident Claim

The attorney will gather evidence and build a legal case to present to the other parties involved. This includes:

  1. Analyzing the facts of the case to determine the legal theories of the case and any applicable legal precedents;
  2. Obtaining witness statements and other forms of evidence to support the legal case;
  3. Preparing pleadings and other legal documents to present to the other parties;

The attorney will also advise the client on the most appropriate strategy to pursue in the case and represent the client in negotiations and litigation.

They will manage the case, including providing timely updates to the client and ensuring all deadlines are met. The attorney will also be responsible for any appeals process.

Ultimately, the attorney’s goal will be to ensure that the client receives a favorable outcome in the case.

Collaborating with Investigators and Experts

Attorneys must collaborate with investigators and experts to strengthen their clients’ motor vehicle accident claims. Attorneys must be able to access information not readily available to the public.

This includes:

  • Accident scene evidence and reports
  • Witnesses’ statements
  • Expert analysis of evidence
  • Medical records

In addition, attorneys need to consult with experts to understand the technical aspects of the case. This includes consulting with accident reconstructionists, medical experts, and other relevant experts. Such collaboration can help attorneys build a strong client case and ensure that all available evidence is considered.

Furthermore, attorneys must be mindful of the evidence rules when gathering and presenting information to the court. This includes ensuring that all evidence is legally obtained and that admissibility rules are strictly followed.

Ultimately, attorneys must effectively collaborate with investigators and experts to present the strongest case possible for their clients.

Common Challenges in Preserving Evidence

Preserving evidence in motor vehicle accident claims can be challenging due to the nature of the evidence itself.

Vehicle damage and repairs, fading memories and changing testimonies, surveillance footage, and obtaining video evidence are all common challenges in preserving relevant evidence.

Understanding the unique challenges of each type of evidence and identifying the most effective preservation methods is essential for a successful motor vehicle accident claim.

  • Vehicle Damage and Repairs

Accurately documenting the extent of damage to a vehicle and the related repair costs is essential to preserving evidence in motor vehicle accident claims. 

It is important to take photographs of the vehicle before and after repairs and obtain and store relevant documents, such as repair estimates and bills to ensure the evidence is valid and reliable. Photographs should be taken from different angles and heights to capture vehicle condition accurately. Additionally, any parts removed from the vehicle should be retained to show the extent of the damage.

It is also important to document any additional costs associated with the accident, such as towing the vehicle, rental car expenses, and other related expenses. All of this information should be stored in a secure location and organized in an easily-accessible manner. Evidence can be used in a dispute or legal action by keeping detailed records.

  • Fading Memories and Changing Testimonies

With time, memories can fade, and testimonies can change, making it difficult to assess the impact of a motor vehicle accident accurately. When preserving evidence in motor vehicle accident claims, consider the following:

  • The reliability of witnesses in their recollections of the events
  • How time can affect the accuracy of witness accounts
  • The protection of physical or digital evidence
  • The potential of evidence being destroyed or tampered with
  • The need for timely action to ensure the evidence is preserved in its original state

Considering these points, those looking to preserve evidence in motor vehicle accident claims can ensure their case is valid. It is essential to know the potential effects of fading memories and changing testimonies to safeguard against unreliable evidence.

  • Surveillance Footage and Obtaining Video Evidence

The transition from fading memories and changing testimonies to surveillance footage and obtaining video evidence is useful in obtaining evidence for motor vehicle accident claims.

Surveillance footage can provide an objective and unbiased view of events leading up to an accident. This provides additional evidence to corroborate any testimonies collected. Surveillance footage can sometimes replace eyewitness testimony due to its clear and definitive recordings.

It is important to know the source of the footage and any applicable laws that govern the process for obtaining and using surveillance footage as evidence in a motor vehicle accident claim. Ensuring that the footage can be authenticated and admissible in court is also important.

Additionally, the footage must be used correctly, meaning it must be preserved, submitted, and protected by applicable laws. These steps will ensure that surveillance footage can be used as a valuable source of evidence in motor vehicle accident claims.

Key Takeaway

Preserving evidence in motor vehicle accident claims is essential to the claims process. It is important for those involved to act quickly to ensure that the evidence is collected and preserved promptly.

Additionally, the admissibility of evidence in court depends on how it is collected and presented. Insurance companies and legal professionals can play an important role in ensuring evidence is properly preserved. Following the steps outlined in this article, those involved in motor vehicle accident claims can be better prepared to preserve evidence and support their claims.

If you’ve been involved in a motor vehicle accident in the Tampa Bay area, it’s important to understand evidence’s crucial role in your potential claim. Preserving evidence can significantly impact your case’s outcome. 
Hersem Law is dedicated to helping you navigate this complex process. We ensure all relevant evidence is properly collected, preserved, and presented in your claim. Don’t leave your chances of success uncertain. Contact us today and let our expertise guide you through every step of your motor vehicle accident claim. We’re here to help you maximize your chances of success. Contact Hersem Law now.