Car Accident Evidence Preservation Mistakes
At some point, many people will experience a car accident. Car accidents are often stressful and overwhelming, but taking the right steps immediately after a collision is essential to protect your rights and preserve important evidence. The evidence you gather needs to be preserved, so make sure to store everything in a safe place. Having good quality evidence can help to prove who was responsible for the accident.
Knowing what evidence to gather and how to document it correctly can significantly impact the outcome of your claim. You will not only strengthen your claims for vehicle damage with your insurance company but also provide crucial support if you decide to work with a lawyer to pursue further compensation.
Mistakes can be crucial. Courts can impose serious consequences for spoliation of evidence, including:
- Dismissing claims.
- Instructing juries to assume the missing evidence was unfavorable.
- Limiting expert testimony.
- Reducing recoverable damages.
Insurers use lost evidence as leverage to offer lower settlements. Here are some evidence preservation mistakes you will want to avoid.
Failing to Capture the Scene Immediately
Accident scenes change within minutes. Vehicles are moved, debris is cleared, and traffic patterns resume. When a driver fails to take photos or videos right away, they lose valuable evidence such as vehicle positions, skid marks, damage patterns, weather, lighting conditions, nearby signage, and road hazards. This often makes it more difficult to prove how the crash occurred.
Not Preserving Vehicle Damage Before Repairs
Once a vehicle is repaired or totaled and removed, crucial evidence disappears. Damage patterns can reveal the following:
- Point of impact.
- Force of collision.
- Speed estimates.
- Secondary impacts.
- Whether a defect contributed.
If a claimant repairs or disposes of the vehicle too soon, the defense may argue that they destroyed key evidence.
Allowing Dash Cam or Surveillance Footage to Be Overwritten
Dash cams, home cameras, and business surveillance systems often record on loops and overwrite older footage automatically. Many accident victims wait too long to retrieve or request this footage, resulting in permanent loss.
Overlooking Black Box Data
Most vehicles store electronic crash data showing:
- Speed before impact.
- Brake application.
- Seatbelt use.
- Steering input
- Crash force.
If a claimant fails to download this data quickly, critical proof disappears. Insurers know this and often move fast to retrieve data for themselves.
Deleting or Altering Social Media Posts
Accident victims sometimes delete photos, posts, or comments that could be misinterpreted. Even if the intent is innocent, deleting content after a crash can be framed as destroying evidence. Courts may view this as spoliation.
Not Preserving Medical Records and Follow-Up Documentation
Delayed treatment or missing medical records can weaken injury cases. Common mistakes include:
- Not saving diagnostic imaging.
- Ignoring follow-up appointments.
- Failing to document pain progression.
- Not tracking work restrictions or missed days.
Contact a Personal Injury Lawyer
Car accidents can be complex but preserving the right evidence at the right time can help your claim. Mistakes can cause you to overlook important evidence that can make or break your case.
A Houston car accident attorney from The West Law Office, PLLC can assist you. We can guide you through the claims process, examine evidence, and determine liability. Schedule a consultation today by filling out the online form or calling (281) 347-3247.
Source:
blogs.cornell.edu/learning/uncategorized/what-you-need-to-know-to-preserve-crucial-evidence-after-a-car-accident/
