Tips for Collecting Evidence After a Florida Car Accident
Car accidents are quite common in Florida. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) estimates that in 2022, there were 396,492 traffic crashes in Florida, which caused 251,886 injuries and 3,552 deaths. Losing someone in a car accident can be emotionally and financially devastating. Suffering injuries in a car accident can also be debilitating. Car accident injuries can leave you in so much physical and emotional pain and unable to work. You may require long-term care after suffering injuries in a car accident. Fortunately, in Florida, if another party’s negligence results in you suffering injuries in a car accident, you may have the right to pursue financial compensation from the negligent party through a personal injury claim. The key to winning your personal injury case is having sufficient evidence to prove every legal element. Therefore, one of the most crucial things you must do after a Florida car accident is collect evidence. This article shares some tips for collecting evidence after a Florida car accident.
Burden of Proof in a Florida Personal Injury Case
Before finding out some of the tips for collecting evidence after a Florida car accident, it is crucial for you to know that, as the victim in a personal injury case, you have the burden of proving the other party is liable for your injuries and damages. To win your case, you must prove every legal element by a preponderance of the evidence. This entails showing that there is a greater than 50% chance that your claims are true. The four basic elements you need to prove in a Florida personal injury case are;
- Duty
- Breach of duty
- Causation
- Damages
The above are the four elements of negligence. If, for example, you manage to prove three elements and can’t prove one, you cannot recover compensation. A qualified personal injury attorney can help you prove all the elements.
Tips for Collecting Evidence After a Florida Car Accident
As mentioned earlier, gathering evidence after a car accident is vital. The first thing to remember when collecting evidence after a car accident is that the more evidence you have, the better. There is no such thing as too much evidence.
Second, you must act quickly. After a car accident, you first need to worry about your safety and that of others. However, you must act fast and start gathering and preserving evidence at the accident scene. If you have sustained debilitating injuries, it can be hard for you to do this, but in such a case, you can ask a capable passenger or another person to help. You can take pictures and videos at the accident scene and gather witnesses’ contact information. Remember, there is no such thing as too many photos or videos.
Lastly, ensure you call the police immediately after your accident. When the police arrive at the scene, they will conduct a preliminary investigation and prepare a report. This report can provide helpful evidence that you can use in your case.
Contact Our West Palm Beach Personal Injury Attorneys
Our West Palm Beach personal injury attorneys at The Pendas Law Firm have the resources to investigate your accident and gather evidence that can help you prove your case. Contact us today to schedule a free, no-obligation consultation.
The Pendas Law Firm also represents clients in the Miami, Orlando, Fort Lauderdale, Fort Myers, Tampa, Jacksonville, Daytona Beach, Bradenton, Naples, Melbourne, and Ocala areas.
