Car Accident Evidence: What To Gather and When

Physical evidence from a crash can be crucial in deciding a case, but people often don’t understand what items to gather or photograph and when to do so. It’s best to collect car accident evidence from the scene immediately, and the incident report, medical records, and videos within 24 to 72 hours.

Speaking to a lawyer after a car accident is the first step to safeguarding proof of the crash. They can serve a letter of spoilation, a legal document prohibiting parties from repairing a vehicle, concealing a trucker’s logbooks, or altering evidence in any way. While this helps afford time for formal investigations, collecting evidence at the scene and throughout the claim process is essential to your case. Read on to see which items to gather to protect your right to compensation and learn how car accident attorneys can help.

If you forgot to take photos or you’re injured and transported by EMS before gathering car accident evidence, contact an attorney who can dispatch an investigative team to document the scene on your behalf. If you’re able to take photos, collect and exchange information, and make notes about the crash site, you should do this right away. When skid marks fade, debris is cleared, and guardrails are fixed, you could be left without valuable physical evidence.

Crash Site Evidence Checklist

Proof of the other driver’s negligence, whether they were speeding, texting, or operating recklessly, is necessary to show you were not at fault in a car accident. You’ll also want to document road conditions and other contributing factors to support your case. Use this checklist to make sure you’ve captured the crash site comprehensively and gathered all the necessary information:

Vehicles

• Wide-angle and close-up pictures of vehicles, all angles
• Interior dash/steering area
• Airbag deployment
• License plate numbers
• Vehicle Identification Numbers (VINs)

Notes and photos of crash location details

• Glass and debris
• Skid marks
• Fluids or leakage on roadway
• Traffic signals
• Lane markings and road signs
• Weather, road conditions, and lighting
• Crosswalks or sidewalks (for accidents involving pedestrians)

Driver documentation

• Injuries
• Driver’s licenses
• Insurance cards or coverage information
• Employers (commercial vehicles)
• Witness names and contact information
• The responding officer’s name and the case number

While documenting the accident scene is certainly time-sensitive, the items you should gather within the first 72 hours after a crash can also be critical for establishing fault and proving your damages. After you’ve left the scene, this evidence should be your next priority:

Medical Records

You should see a doctor immediately after a serious crash because medical records are important evidence. If emergency responders don’t take you to a hospital after the collision, make an appointment to be seen within 24 hours if possible. The physician’s exam can connect physical injuries to the impact, which is essential for personal injury litigation. Plus, a doctor will evaluate to confirm you are not suffering from internal injuries, head trauma, or other conditions that can be masked by shock.

Police Report

While the police report will be available long after the crash, you should request a copy soon to jumpstart your car accident investigation. This document includes notes on potential fault, vehicle damage, and road conditions, which provide foundational information for crash reconstruction. You should also review the incident report for errors and submit a request to have any mistakes promptly corrected to avoid disputes later.

Eyewitness Accounts and Video Footage

You want your witnesses’ accounts to be credible, so collecting these as soon as possible—before memories fade—is key. The timing for obtaining video footage is also important because it must be done before the system overwrites it, which can be within a day or a few days, depending on the setup. Request footage from the business or homeowner as soon as you identify cameras around the crash site. If you discover a dashcam was recording, this may prove invaluable to your claim.

A recording of the incident or the moments leading to it can help victims of no-witness car accidents settle liability disputes. Cameras may have caught the crash itself or captured evidence of erratic operation, illegal lane switching, speeding, or other negligent acts, making denial difficult for the at-fault driver.

Phone Records and Electronic Data

While individuals cannot request another driver’s phone records after an accident, an attorney representing someone in a lawsuit can get this data via a court-ordered subpoena. This allows you to review device activity during a specific timeframe to prove distracted driving or negligent operation was a factor in the crash.

Building a clear-cut, dated paper trail is one way to substantiate the repercussions of a crash and the compensation you’re due. To translate property damage and injuries into provable dollars, start collecting evidence immediately and continue to do so even after you’ve filed a claim. Organize and monitor your medical bills, employment records, and property damage to account for every expense and impact. Here are examples of what to collect and why: 

Medical Records and Bills

Medical documentation shows physical impacts and the financial fallout of a crash. Continue to compile proof of your injuries and treatments until you’ve reached maximum medical improvement.

Medical Documentation – These records demonstrate the severity of your injuries, pain, and long-term impact.

• Imaging reports, scans, and official diagnoses
• Physician’s care plan and treatment notes
• Statements from your doctor detailing long-term effects
• Personal journals documenting pain or life disruptions
• Statements from family and friends about changes to your daily life

Out-of-Pocket Medical Costs – These items help account for the money you’ve spent due to accident-related treatment.

•  Receipts from doctor visits, co-pays, and medications
• Invoices for medical equipment
• Itemized bills from hospitals or specialists
• Insurance Explanations of Benefits (EOBs)
• Lien notices from hospitals or insurance providers

Employment Records and Pay Stubs 

Document diminished earnings and potential work restrictions or other employment impacts that demonstrate the economical toll of an accident. Here is some evidence that can support your claim: 

• A wage-loss comparison, which shows a W-2 or 1099 and a recent pay stub to demonstrate reduced earning capacity
• A letter from your employer confirming you missed work due to the crash
• Any work restriction notes from your doctor, especially if limited duties affected your earnings or employment opportunities

Vehicle Repair Estimates and Receipts 

Serious accidents often result in major repairs or totaled vehicles, and either situation is expensive when you pay for it out of your own pocket. To be compensated for property damage and losses, collect this evidence:

• Diminished value appraisals showing lost property value, or a loss valuation estimating the financial impact if your car is totaled
• Receipts from towing services and estimates from a body shop that support a total loss declaration or confirm repair costs
• Storage invoices incurred while awaiting resolution
• Expenses for transportation, such as car rentals, rideshares, or transport services

Contacting a lawyer after a car accident with a trucker or rideshare can be essential to requesting and preserving electronic data unique to these crashes. Here are some examples of additional proof you may need for car accident investigations involving employed drivers:

Trucking Accidents

Proving negligence in a trucking accident often requires showing that the operator or freight carrier was violating federal trucking laws. Specific documentation helps to highlight fault in the driver’s safety standards or the company’s operations, such as:

• Electronic Logging Device (ELD): These devices on commercial vehicles record driving time and engine status to confirm the driver was in compliance with Hours of Service (HOS) standards and other safety regulations.
• Bills of Lading: These documents include the goods being shipped and who is responsible for them, including the safe transport; time stamps from one pickup to the next also establish whether fatigue played a role. When Bills of Lading note heavy or hazardous cargo, it may identify whether overloading or improper handling contributed to the crash.
• Driver Personnel Files: The driver’s endorsements and qualifications, previous internal reprimands, and ongoing education documentation (or lack of it) can demonstrate whether a company’s negligent hiring or training practices led to the crash.

Rideshare and Taxi Crashes

Whether you’re a passenger in a rideshare or taxi or you’re hit by one of these vehicles, it’s likely you’ll have electronic data as evidence to support your claim. For no-witness car accidents or crashes where it’s your word against a driver who relies on their job for their livelihood, electronic data can help prove the circumstances of the crash. A lawyer will aim to collect specific electronic data from the driver and their employer, including:

• Trip Logs and GPS Data: If the driver was speeding or driving too fast for the conditions, location-tracking technology should corroborate this.
• App Timestamps and Receipts: These can prove you were in the vehicle during the crash and that you were a paying customer who should have been safeguarded.
• Driver’s Electronics: If phone records indicate the driver’s mobile device was in use, it could show they were distracted and negligent in their duty to keep passengers safe.

Gathering, photographing, and cataloging evidence can be a challenge that’s best left to a legal team. Miller Law Group excels at car accident investigation and reconstruction to prove crash events. If you’ve been injured by a negligent driver in or around Raleigh, contact the attorneys at Miller Law Group today.