What Evidence Can I Use for My Colorado Car Accident Injury Claim?

 Posted on December 31,2020 in Car Accident

If you have been injured in a car accident due to someone else’s negligence, you have the right to pursue compensation for your medical bills, property damage, and other economic and non-economic damages through a personal injury claim. However, in order for your claim to succeed, you will need strong evidence to both to establish the at-fault party’s negligence and to support the amount of compensation you are pursuing. In Colorado, civil trial juries are instructed to decide for the plaintiff based on a preponderance of the evidence, meaning that if your case goes to trial, you will need to show that it is more likely than not that the defendant’s negligent behavior was the cause of your injuries. Even if your case does not go to trial, evidence can provide the leverage you need to reach a fair settlement.

Evidence of Another Party’s Negligence

For another party to be liable for your damages, you will need to show that the person failed to uphold their duty of care to you and that this failure was the direct cause of your injuries. Evidence of driver negligence can come from a variety of sources, including:

• Police reports - Alerting law enforcement of your collision usually leads to the creation of a police report, which includes important information and details regarding the circumstances of the accident.

• 911 call recordings - If you or another witness called 911 after the accident, a recording of the call can provide important context regarding the immediate aftermath of the crash. You should work with an attorney to obtain these recordings quickly before they are discarded.

• Witness testimony - People who saw the accident firsthand can provide valuable testimony regarding what they observed of the negligent driver’s behavior. You should try to identify witnesses at the scene of the accident and ask for their contact information, and if possible, a written statement.

• Camera footage - Cell phone pictures of the vehicles and the scene of the accident, as well as video footage from dashboard cameras or security cameras, can also be important to establish how the accident happened.

Evidence to Establish Your Damages

You should also gather evidence demonstrating the extent to which your injuries have affected your life and finances. Depending on the circumstances, this can include photographs of your injuries and damage to your vehicle; medical records of your treatment and associated expenses; statements from a doctor regarding your inability to return to work; and testimony from your friends and family regarding your pain and suffering. This kind of evidence helps to ensure that you are compensated for the full extent of your damages.

Contact a Fort Collins Personal Injury Attorney

At Hoggatt Law Office, P.C., we can advise you on the evidence you need to succeed in your personal injury claim and help you gather and preserve it to prepare for a settlement conference or trial. The sooner you call us after your auto accident, the better able we are to access time-sensitive evidence and start building your case. To get started with a free consultation, contact a Larimer County personal injury lawyer today at 970-225-2190.

Source:

https://leg.colorado.gov/sites/default/files/images/olls/crs2019-court-rules.pdf