After a car accident, the insurance company won’t just take your word for what happened. To recover compensation for medical bills, lost wages, and pain and suffering, you need evidence showing how the crash happened, who was at fault, and how badly you were hurt.
The stronger your evidence, the harder it is for an insurer to deny your claim or offer less than it’s worth. Here are the most important types of evidence in a Louisiana car accident claim, and how to protect each one.
1. Photos and Video From the Scene
Visual evidence is often the most persuasive evidence in a crash claim. If you’re able to safely, take photos and video of:
- All vehicles involved, from several angles
- Where the vehicles ended up, before they’re moved if possible
- Skid marks, debris, and fluid on the road
- Traffic signs, signals, and road conditions
- Weather and lighting
- Your visible injuries, on the day of the crash and as they heal
Dash cam and surveillance footage can be even more valuable. Nearby businesses, homes, traffic cameras, and other drivers may have recorded the crash. This footage is often deleted or recorded over within days or weeks, so act quickly or have an attorney send preservation requests. Learn more about preserving crash scene evidence.
2. The Police Crash Report
When police respond to a crash, the officer usually prepares a crash report. It may include:
- The date, time, and location
- The drivers, passengers, vehicles, and insurance information
- A diagram and description of the crash
- Witness names and statements
- Citations issued
- The officer’s notes on possible contributing factors
Insurance companies rely heavily on police reports, but reports can contain mistakes. Review yours carefully and tell your attorney about any errors. Learn how to get and use a car accident police report.
3. Medical Records
Your medical records connect your injuries to the crash and show how serious they are. Key records include:
- Emergency room and ambulance records
- Doctor and specialist visit notes
- Imaging results, such as X-rays, MRIs, and CT scans
- Physical therapy and rehabilitation records
- Prescriptions and medical equipment
- Your doctor’s opinions on long-term limits or future care
Get medical care right away, even if you feel fine. Gaps in treatment give insurers an opening to argue that your injuries weren’t caused by the crash, or aren’t as serious as you say. Follow your treatment plan and keep every appointment.
4. Witness Statements
Independent witnesses, people with no stake in the outcome, can confirm what happened, especially when the other driver disputes fault. Get names and phone numbers at the scene if you can. If witnesses leave before police arrive, your attorney can work to identify and contact them.
Witness memories fade quickly, so statements are most valuable when taken soon after the crash.
5. Vehicle Damage and Data
The damage to each vehicle can show the speed, direction, and force of the impact. Keep repair estimates, photos, and invoices. Don’t let your car be scrapped or repaired before damage is documented if fault is disputed.
Many modern vehicles also have an event data recorder, sometimes called a “black box.” It can capture speed, braking, and seatbelt use in the seconds before a crash. In serious cases, accident reconstruction experts may analyze this data along with the physical evidence.
6. Phone Records and Other Driver Evidence
If you suspect the other driver was texting, impaired, or speeding, evidence may include:
- Cell phone records
- Toxicology results
- Traffic citations
- Commercial driver logs and company records, in truck crashes
This evidence usually requires formal legal requests or subpoenas, which an attorney can handle.
7. Proof of Your Losses
To recover full compensation, you also need to document your damages:
- Medical bills and receipts for out-of-pocket costs
- Pay stubs, tax returns, or employer letters showing lost wages
- Mileage logs for medical appointments
- A pain journal describing your symptoms, limits, and how the injury affects your daily life
- Photos of your recovery over time
Why Evidence Matters Under Louisiana Law
Louisiana uses a comparative fault system, so your compensation can be reduced by your share of blame for the crash. Recent changes to Louisiana law may bar you from recovering at all if you’re found 51% or more at fault. Strong evidence of the other driver’s fault helps protect the value of your claim.
Deadlines also matter. Louisiana gives most injury victims two years from the date of the crash to file a lawsuit, for accidents on or after July 1, 2024. Evidence should be gathered well before that deadline.
Let a Monroe Car Accident Lawyer Gather the Evidence
Collecting evidence takes time and energy, and it’s hard to do while you’re recovering from injuries. An experienced attorney can obtain police reports and records, send preservation letters for video and vehicle data, interview witnesses, and work with reconstruction and medical experts.
Attorney Ross Downs has more than 20 years of experience helping injury victims in Monroe and northeast Louisiana. He’s a member of the Louisiana Trial Lawyers Association, the Louisiana State Bar Association, and the American Bar Association. Learn more about our Monroe car accident lawyers, or call (318) 714-9739 for a free case evaluation.
