- Get as much information about the defendant as possible. Get their driver’s license, insurance card, and car license number. Get a phone number for the person. Even email if possible. Take photos of everything with your phone. Sometimes defendants give false information but the more you get the easier it is to track someone down.
- Photograph the vehicles involved. Take photos of all sides of all vehicles. Even photograph parts of the car that are not damaged because it might come up later. For example, I handled one case where the defendant claimed he had been rear-ended and pushed into my client. Fortunately, my client photographed the rear of that person‘s truck which showed no damage and didn’t support his theory at all. We were able to resolve that case favorably for my client thanks to that photograph.
- Photograph any evidence in the street including where the car came to rest, skid marks and broken vehicle pieces. This can be used by an accident reconstruction expert later to establish how the accident occurred. Sometimes skid marks can be critical to determine who is at fault and they go away over time. Don’t expect the police or any one else to photograph them. Even if the police photographs them, sometimes they lose the pictures or they will not turn them over. Just take the photos yourself and keep them in a safe place.
- Photograph injuries including bruises from the seatbelt. It is important to document all injuries like bruises on the knees from hitting the door or front panel. Again photographs are far more compelling than simply reading that person a suffered from a contusion or laceration in a medical record.
- Get all witness information. Get all the information you can about any witnesses including phone number, email, work, home address etc. Witnesses disappear. You cannot go to court and tell a jury, “But there was this witness that said I was right.” A judge won’t allow it. Independent witnesses are very important and can be the main reason why a jury will find in your favor.
As you can see, the key to getting the most for your case is collecting evidence early on.
