Quality of Evidence Obtained By Accident Victim Helps Determine Outcome of Claim

In the absence of good evidence, a victim that has been injured in an auto accident does not have much proof to use as support for his or her injury claim. What sort of evidence should an accident victim work to collect?

Evidence collected at scene of injury-causing incident

• Photographs of the accident site
• Photographs of the damaged vehicles
• Photographs of any injury

The information exchanged by the involved drivers: A driver’s failure to provide such information would serve as evidence against him or her.

In the event of a hit-and-run incident, the victim should try to get the number on the responsible party’s license plate, or a description of the vehicle.

Other useful evidentiary material

Statements from neutral witnesses: Those could be taken from eyewitnesses or from those that lived in the area of the accident. The latter group of witnesses might have information about other accidents that have taken place at the same location.

A return visit to the accident site might reveal the location of video footage that could prove useful. Such footage might come from a camera at a parking lot, or one that a business had focused on the surrounding area.

It helps to visit the location of the incident at the same time of day that the accident actually, took place. Of course, that would not help with the discovery of things like tire tracks. Since those same tracks could not be removed, it would be best to get a picture of them.

Evidence on the reported injury

This should be found in the medical report. The same report could work in favor of the victim, or against the victim. That report would indicate how much time had passed from the time of the accident until the date when a physician first saw the victim.

The evidence might include the results of any diagnostic tests, along with an explanation from a medical expert. A medical expert might also prove helpful, if the victim had reported some slow-to-appear injuries.

Did the report include the doctor’s prognosis? Had that prognosis made any reference to possible complications in the future, or to the chances that some future treatment might be necessary?

Evidence to support loss of earnings

If the victim had been employed by someone else, then that employer should have been asked to provide proof of the victim’s salary, as per personal injury lawyer in Etobicoke. If the employer had refused to offer such a document, then the victim would need to find a stub from a salary check.

If the victim had been self-employed, then proof of loss of earning might be found in a copy of the previous year’s tax statement, or perhaps in the relevant pages of an accountant’s books.

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