When you pursue a personal injury claim after a car accident in Tennessee, the strength of your evidence can make a major difference in the amount of compensation you receive through settlement.
After an accident, you may be in shock and unsure of your injuries. First, check yourself and other victims for injuries and contact the police and emergency services.
Photographs
Next, start collecting evidence as soon as you can, including evidence at the accident scene itself. Take photographs of your injuries and damage to vehicles. Take the photos from multiple angles and in different lighting conditions. Continue to photograph your injuries as they change over time.
Police reports
When the police arrive, provide them with a statement about what happened, but do not apologize or admit fault for the accident. Obtain the contact information for any witnesses to the accident. Request a copy of the police report.
Medical records
See a doctor and save all medical records related to the accident. Keep a journal of your injuries and how you feel, starting the day of the accident. If you request damages for emotional distress or pain and suffering, a journal describing feelings such as depression or anxiety can be helpful evidence.
Phone records
Phone records or social media posts can strengthen your case, depending on what you want to prove. For example, if you believe the other driver was distracted at the time of the accident, phone records could show they were on the phone or sending a text at or near the time of the accident.
Social media
Additionally, social media posts at or near the time of the accident can show a driver was using their phone and distracted. If you are trying to prove the other driver was drunk, social media photos showing them consuming alcohol on the day of the accident can prove their intoxication.
Surveillance footage
Talk with nearby business owners to see if surveillance footage captured the accident. The accident may also have been captured by traffic cameras.
Weather conditions
Weather conditions at the time of the accident are evidence that is sometimes overlooked. Proof that it was raining or snowing could show that the other driver was driving too fast for conditions or not using headlights.
Expert witnesses
Consider contacting expert witnesses, such as accident reconstruction experts. When you are negotiating a settlement with an insurance company, knowing that you are researching expert witnesses may motivate them to offer you a more favorable settlement.
Insurance company negotiations
Insurance companies often offer a low initial settlement, hoping you will accept, either because you need compensation as soon as possible or because you do not believe you can recover a higher amount and want to put the accident behind you.
Insurance companies count on this. Having evidence available to support your claim for negligence can strengthen your negotiations and protect your rights as an accident victim.
Sometimes an insurance company refuses to settle for a fair amount, no matter how strong your evidence is, and litigation becomes necessary. Proving negligence in court is challenging, so it is important to know how to present your evidence to make the strongest case possible.