If you have been injured in a car accident, you may be entitled to compensation. But whether you receive compensation, and how much, could hinge on how well evidence is preserved in the case.

When most people think about “preservation of evidence”, they immediately think of criminal prosecutions. Television shows and movies often illustrate to the importance ofpreserving biological evidence such as blood and other bodily fluids at a crime scene. Preserving evidence in a civil lawsuit for personal injuries is just as important.

Why Is Evidence Preservation So Important?

In a personal injury car accident case, the victim may be entitled to economic damages such as medical bills, lost wages and repairs. In addition, the victim may be entitled to compensation for non-economic damages, or “pain and suffering.” Before a victim receives compensation, he or she must prove that the defendant was negligent. In the case of a car accident case, the defendant may be the driver or the manufacturer of the vehicle.

Records kept by the defendant often can help prove negligence. The law allows the victim access to these records in many cases; however, the victim must take legal steps to preserve the records and ensure they are not destroyed before they can be reviewed.

What Type of Records Should Be Preserved?

Each car accident case presents its own set of facts and circumstances; however, there are some common types of records that should be preserved, including:

• Maintenance records —If a defect in the vehicle caused the driver to lose control, or otherwise contributed to the accident, maintenance records could help prove this.
• Medical records—If the defendant was taking prescription medications they could have caused drowsiness, which could have contributed to the accident.
• Cellphone records — Most states forbid texting while driving and many also ban handheld devices while driving. Cellphone records could show that a driver was texting or talking on a cell phone, which could provide the basis for a distracted driving claim.
• Log Books—If the defendant is a truck driver, log books can show how long the driver was behind the wheel prior to the accident. If the driver was in violation of the federal regulations, you could have the basis of a fatigued driver negligence claim.
• 911 Calls — Calls to 911 are recorded, but are taped over after a certain amount of time. A call to 911 could show what was happening just prior to, or just after, an accident.

How Is Evidence Preserved in a Car Accident Case?

State laws determine the legal process for preserving evidence in a civil lawsuit. In most cases, the victim’s lawyer will need to file a motion in court for an order to preserve the evidence. Because this can be a financial a practical burden on the defendant, the victim must usually show that the evidence is relevant and necessary and that without an order to preserve it the defendant will destroy the evidence. Having an experienced car accident attorney on your side who understands how the rules and procedures work will ensure that any crucial evidence in your case is preserved.

You Need an Experienced Personal Injury Attorney

If you have been injured in a car accident, be sure that you protect your rights to compensation by retaining the services of an experienced car accident attorney. Contact the New York/New Jersey car accident attorneys at Ginarte Gonzalez & Winograd L.L.P., to find out what legal options you may have.

With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. For your free consultation, contact the firm today by calling 888-446-2783 or filling out our online contact form.