The Importance of Preserving Evidence After a Car Accident in Virginia

At Wind Law, LLC, our Virginia car accident and injury attorney knows Virginia is one of the four states who follow contributory negligence laws. Contributory negligence is a legal doctrine which states that if a plaintiff’s own negligence, no matter how slight, contributed to the accident in question, it will prevent them from recovering damages for the injuries they sustained. This means that if a court finds the plaintiff to be even 1% responsible for their injuries, they may not be able to recover any compensation, even if the defendant is 99% responsible.

In short, detailed evidence is critical to proving the other party’s complete liability. By thoroughly preserving evidence, you strengthen your position, whether for insurance claims or legal disputes, ensuring all your rights and possible compensations are protected.

Critical Types of Evidence to Preserve After a Car Crash with Injuries in Virginia

Specific forms of evidence are more critical than others in the aftermath of a car accident involving injuries due to their direct impact on legal and insurance outcomes.

The following types of evidence are often given greater weight because they offer concrete, unbiased data that can decisively influence legal judgments and insurance settlements:

• Photographs and Videos: Images of the accident scene, vehicle damages, road conditions, traffic signs, and injuries. These visual records are invaluable in reconstructing the accident scene.
• Witness Statements: Identifying and obtaining statements from witnesses at the scene can provide independent accounts of the incident, which are crucial in disputing fault.
• Police Reports: Always call the police after an accident so they can file a report. This official document is a critical piece of evidence as it includes the officer’s assessment of the accident and sometimes an indication of fault.
• Medical Records: Immediate and subsequent medical records related to injuries from the accident are essential to claim medical expenses and prove the accident’s impact on your health. Seeking medical care immediately is paramount when connecting your injuries to the crash, which directly relates to your ability to recover damages.
• Vehicle Data: Newer vehicles may have electronic data recorders, similar to an airplane’s “black box,” that can provide information about the vehicle’s speed, brake application, and more driver actions during the crash.
• Personal Notes: Document your recollection of the accident details immediately. Memory can fade over time, so having a written record can be very helpful.

Evidence can be lost, deleted, or destroyed. It’s essential to gather as much as possible immediately after the accident, keep physical and digital copies of all documents and media, and use cloud storage for digital file backups.

Contact Our Auto Accident Lawyer in Richmond, Virginia

Once you have sought medical care, contact our dedicated auto accident and injury attorney in Richmond, Virginia, to discuss your case during a free consultation. We want to hear your story to ensure your voice is heard and work diligently to ensure you are treated fairly and get the justice you deserve in your case.