Building a Case with Evidence When You Are Hit by a Car

By Thomas Greer | August 10, 2015

Auto Accident Lawyer in Memphis Some car crashes are clear-cut when it comes to determining fault; if you are rear-ended while you are stopped at a red light, the fault obviously lies with the other driver. But let us say that you weren’t wearing your seatbelt at the time, and you suffered additional injuries because you were thrown into the windshield. Even though the other driver caused the accident, you may be held accountable for some of your injuries because your belt wasn’t on.

Why is that? Because in Tennessee, damages and liability are ruled by something called modified comparative fault. That means that if you, as a plaintiff, are in some part responsible for the accident or for your own injuries, then the defendant’s insurance company (the one which insurers the driver who hit you) can make a case against you so that they do not have to fully compensate you for your injuries. To prove that your injuries are in no way your fault, your personal injury attorney will need to submit evidence that shows the other driver’s fault.

  1. Police reports. The police report is the first step in building evidence for a claim. If the report says that you were at a red light when you were hit, then the police officer who investigated the wreck will be able testify against the other driver.
  2. Medical records. The next piece of evidence in your case shows that you are truly injured. This is why it is crucial that you see a doctor right away after an accident, even if you think you’re not hurt. Some injuries take a while to manifest, and you’ll want medical records that can prove it.
  3. Witnesses. You may need to subpoena witnesses in a car accident lawsuit, especially if the person driving the car pleads “no contest” to the ticket, or is found “not guilty.” The ticket will become inadmissible in court in either of these situations, so you may need the help of people who witnessed the accident to show what happened.
  4. Accident reconstructionists. A person who reconstructs car accidents can help show a judge or jury exactly what happened and why, and add extra verification to your medical records. Reconstructionists aren’t always necessary – it depends on the case – but they can help prove that your suffering is a result of the accident.
  5. Video recordings. Dash cams in cop cars, videos recorded on smartphones by passengers in either car, even speed cameras or store cameras – all of this video evidence could help solidify your claim for compensation.

By collecting this type of evidence, our car accident attorneys can help create a strong case on behalf of a client who has been hit by another car or vehicle.

If you were hurt in a collision in West Tennessee, Bailey & Greer, PLLC knows what to do to help. Please contact us to find out more about our services, or to schedule a consultation in one of our offices in Memphis, Jackson or Nashville.

Posted in Auto Accidents, Blog