In the state of Texas, you need to prove the other driver is responsible for your injuries by a preponderance of the evidence. This means that you need to prove that they were at least 50% responsible. You shouldn’t rely on the police alone to gather evidence because it will take them time to arrive at the scene. The police may also miss something that you caught.
Prove that the other driver was at fault
Without any evidence, you can’t easily prove who was at fault. If the other person collected evidence and you didn’t, then you may have an even more difficult time not only proving they were at fault, but protecting yourself.
Important ways of collecting evidence after auto accidents include:
- Taking pictures of the damage to your vehicle, the other vehicles involved and any surrounding damage.
- If the other person is hostile or appears intoxicated, recording your interaction with them.
- Getting the contact information of all drivers involved and a copy of their auto insurance cards.
- Gathering witness statements and contact information if there are witnesses.
- Calling the police so that they show up to gather their own evidence.
If the driver is not the owner of the vehicle, you also need to get the contact and insurance details of the owner. Also, check the other driver’s license. If it’s expired, then a court may automatically find them at fault.
Protect yourself from false claims
Even if you think you were at fault or partially responsible, you need to collect evidence to protect yourself against false claims. You also want to show your side of the story. This can reduce how much you must pay the other in compensation.
Note that even if you think you were at fault, you should never at any point admit to it. There is a possibility that the other person was either at fault or also partially responsible for the accident. Maybe they were on their phone texting, or maybe they were speeding. Consult with a lawyer who is familiar with auto accidents to handle the situation in the best way.
Car accident injuries don’t always show up immediately
Never assume that just because you feel fine and there wasn’t much damage to the car that you should just let it go without getting the driver’s contact information. Some car accident injuries take hours, days or even weeks to show noticeable symptoms. Examples include traumatic brain injury, whiplash, internal bleeding, and back and neck injuries.
Collecting evidence after an auto accident is important for protecting yourself and showing a clearer story of what happened. If you were seriously injured, you can ask a trusted family member or friend to collect the evidence.