How Attorneys May Be Able to Preserve Evidence of an Auto Accident
Legally Reviewed and Edited by: Terry Cochran
If you’re an accident victim, worrying about evidence from your crash is the last thing on your mind. But, while you’re healing from injuries or dealing with your insurance company, important evidence could disappear.
Accident information is crucial for insurance and legal claims. You’ll need it for any future personal injury case. It shows who’s at fault and whether negligence impacted the accident, which could affect your settlement amount if you pursue a lawsuit.
How do you make sure the evidence is preserved? By hiring car accident lawyers. They gather evidence for your case, ensuring all information is available for any future claim.
In Michigan, the laws and procedures following auto accidents are complex. To ensure you get the compensation you deserve, you need guidance from an experienced attorney from our law firm, Cochran, Kroll & Associates, P.C.
Our focus is on helping clients navigate the challenging legal process after an accident occurs. This means we go to battle with insurance companies for you and fight to preserve evidence from your auto accident.
Who’s at Fault in Michigan?
A car accident lawyer begins with assessing liability and negligence. They find out who caused the car accident and whether negligence was involved. Attorneys have to examine negligence on both sides, even if you’re the victim.
That’s because Michigan law requires accidents to be assessed under comparative fault doctrine. If a party is at least 50% at fault for the auto accident, they will not receive full damages.
The strict laws in Michigan make gathering and preserving evidence crucial. You don’t want to be found partially at fault for the accident.
You need as much evidence on your side as possible. It’s important to preserve all evidence in case the other party destroys evidence of their negligence.
Types of Evidence to Preserve
Police Report and UD-10
The UD-10 is a traffic crash report required by Michigan law. All law enforcement agencies must submit a UD-10 report to the Michigan State Police.
This report includes all details of the auto accident. The crash type, where the crash occurred on the road, the weather, and condition of the road surface at the time of the accident. It’s a thorough report of all contributing factors and helps determine who’s at fault and the level of negligence by each party.
Your experienced auto accident attorney will arrange a medical examination to assess any post-accident injuries. It’s crucial that a licensed physician documents any injuries.
If you’re filing claims, you need this report to prove your injuries directly resulted from the auto accident.
The physician determines the extent of your injuries and if there could be long-term effects. This can impact any monetary claim you submit.
Insurance Company Communication
Any paperwork or communication from the insurance companies of both parties involved in the accident. Keeping all correspondence is important in case of future disputes.
Evidence from the Scene
Any photographs or videos of the accident scene taken by you or witnesses must be preserved. An experienced lawyer may also obtain surveillance footage, if available.
Collect physical evidence involved in the accident, like blown tires. Gather statements from available witnesses. This all offers an unbiased view of the accident and can strengthen your case.
Using the Open Records Act
Your attorney may use the Open Records Act, also known as the Freedom of Information Act, to help find a crucial piece of evidence for your case. This act allows access to public records and documents.
Accident reports are public records. By using contact information, your lawyer can find records of any previous accidents. This is important for proving a history of negligence or finding an unsafe driving record. Information that is critical to your claim.
Why You Need an Attorney
A serious accident could mean a personal injury lawsuit or criminal charges. You need to be prepared and preserve your car accident evidence as much as possible.
Whether you need an accident lawyer or a personal injury lawyer, we have the team for you at Cochran, Kroll & Associates, P.C. Our lawyers are experienced in gathering and preserving evidence after auto accidents.
Get in touch with us today to schedule your free consultation through our contact form or by calling 1-866-MICHLAW (866-MICH-LAW).
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.