Evidence Preservation After A Car Crash In New York
Car accidents are unexpected and stressful, but taking the right steps immediately after can significantly impact the outcome of your personal injury claim. Preserving evidence is one of the most critical actions you can take following a crash. In New York, the law allows injured parties to recover compensation if they can prove another driver’s negligence caused the accident. Evidence plays a vital role in establishing liability and determining the extent of damages.
Under New York Civil Practice Law and Rules (CPLR § 214), you generally have three years to file a personal injury claim. However, collecting and preserving vital accident evidence should begin immediately after the traffic accident. Physical evidence and witness statements can fade or disappear, making it harder to build a strong case. As your New York car accident attorney, I help clients secure the evidence they need to achieve the best possible outcome in their claims.
Key Types Of Evidence To Preserve
1. Police Reports
The police report is often the first piece of evidence used in a car accident case. It includes critical details such as the location of the accident, the names of involved parties, witness statements, and the officer’s observations. Request a copy of the report as soon as it becomes available.
2. Photographic Evidence
Photographs of the accident scene can capture important details that support your claim. Use your smartphone to take pictures and video of vehicle damage, road conditions, skid marks, traffic signals, and any visible injuries. Photographic evidence can help recreate the scene and establish fault.
3. Witness Statements
Witnesses provide an unbiased account of what occurred. Obtain their contact information and a brief statement about what they saw. Witness testimony can be invaluable in corroborating your version of events.
4. Medical Records
Seeking medical attention immediately after an accident not only ensures your health but also documents your injuries. Medical records serve as evidence of the harm you suffered and the treatment you received. Be sure to follow all medical advice to demonstrate that you are actively addressing your injuries.
5. Vehicle Damage Reports
A mechanic’s evaluation of your vehicle’s damage can provide insight into the severity of the collision. These reports may also reveal critical details about the point of impact and the force of the crash.
Legal Ramifications Of Evidence Preservation
Failing to preserve evidence can weaken your personal injury claim. New York courts evaluate claims based on a preponderance of the evidence, meaning you must show it is more likely than not that the other party caused the accident. Losing critical evidence makes it harder to meet this burden of proof.
Spoliation of evidence—intentionally or unintentionally destroying relevant evidence—can have serious consequences. Courts may dismiss your claim or impose penalties if key evidence is missing. Preserving evidence promptly helps avoid these issues and ensures you have the resources needed to build a strong case.
How An Attorney Helps Preserve Evidence
As your auto accident injury attorney, I take steps to protect and secure evidence on your behalf. This includes sending preservation letters to involved parties and obtaining surveillance footage from nearby businesses. In some cases, I will work with accident reconstruction experts. I also handle all communication with insurance companies to ensure your rights are protected throughout the process.
Car Accident Frequently Asked Questions
Why Is Preserving Evidence Important After A Car Accident?
Preserving evidence is essential because it helps establish liability and prove the extent of your damages. Without proper evidence, it can be challenging to show that the other party was negligent or that your injuries resulted from the accident.
What Should I Do Immediately After A Car Crash To Preserve Evidence?
Take the following steps:
- Call the police and request a report.
- Take photos of the accident scene, vehicle damage, and any injuries.
- Gather witness contact information and statements.
- Seek medical attention and document your injuries.
- Avoid discussing fault with other parties.
How Can Medical Records Impact My Personal Injury Claim?
Medical records provide detailed documentation of your injuries, treatments, and prognosis. They demonstrate the severity of your injuries and connect them to the accident. Insurance companies rely on these records to evaluate your claim, making medical records crucial evidence.
Can Surveillance Footage Be Used As Evidence In A Car Accident Case?
Yes, surveillance footage from nearby businesses, traffic cameras, or dashcams can provide valuable evidence. This footage captures the events leading up to the accident and can help establish fault. An attorney can assist in obtaining and preserving this footage before it is deleted.
What Happens If I Delay Preserving Evidence After An Accident?
Delaying evidence preservation increases the risk of losing critical information. Witnesses may forget details, physical evidence may be cleared, and surveillance footage may be erased. Acting quickly ensures you have the resources needed to build a strong case.
How Does An Attorney Assist With Evidence Preservation?
An attorney secures evidence by obtaining police reports, interviewing witnesses, sending preservation letters, and working with experts. They also ensure that all relevant evidence is presented effectively in your claim or lawsuit.
Can Social Media Posts Affect My Personal Injury Claim?
Yes, anything you post on social media can be used against you. Avoid discussing the accident or your injuries online, as insurance companies may attempt to use your posts to dispute your claim.
We Take A Team Approach On Every Case
At Jonna Spilbor Law, we understand the importance of preserving evidence after a car crash. Evidence is the foundation of a strong personal injury claim, and we are dedicated to helping our clients gather and protect the information needed to secure fair compensation.
To receive a free consultation, contact our Poughkeepsie car accident lawyers when you call our Poughkeepsie office at (845) 485-2529, our New York City office at (646) 922-9789, or our Cold Spring office at (646) 922-9789. We proudly serve clients throughout the Hudson Valley, Dutchess County, Putnam County, and New York City. Let us help you protect your rights and achieve the justice you deserve.
