Home » Anderson, IN Personal Injury Lawyer » Anderson, IN Car Accident Lawyer

Whether minor or serious, car accidents can seriously impact your day-to-day life. Fortunately, our attorneys can help manage your case and prepare your compensation claim.

Car accidents are common, but the fight for damages is specific to each case. Our firm knows that the backbone of any car accident claim is evidence. With our experience, you can rest assured that every source that holds evidence in your case will be identified and contacted. With your evidence, we can show how the other driver clearly injured you and how much you should be paid. If the insurance company refuses to pay what you are owed, we can explore other options with you to get the compensation you deserve.

Contact Wruck Paupore at (219) 322-1166 for a free case evaluation with our car accident lawyers today.

Evidence You Can Use to Prove Your Car Accident Claim in Anderson, IN

Evidence is necessary to win any car accident case in Anderson. The evidence needed for your claim will depend on the facts of your case. Regardless, our car accident attorneys will help you gather your evidence from whichever source possesses it. Usually, the evidence you need can be broken down into a few categories, including evidence of the accident’s events, evidence of fault, and evidence of your injuries:

Evidence Proving the Accident

As the plaintiff in a personal injury case, you will need to provide evidence of what happened to cause your injuries. This is where our attorneys can provide the most assistance. In the case of a car accident, your account of what took place and the testimony of any witnesses who saw the accident are crucial pieces of evidence. With this testimony, our team can explain precisely what and how your accident occurred.

Other evidence, such as photos of the accident scene or video footage of what happened, can support your testimony. Security cameras, cell phone footage, and dash cams can be helpful in proving how the accident took place, while photos and videos of the accident’s aftermath can also be useful.

In some car accident claims involving defective parts that caused the accident, the part itself can be presented as evidence. Our lawyers can demonstrate to the court how the part is defective and how it led to your injuries. If the part is too large to bring into court, we could also bring photos or videos.

In these types of cases, an expert witness is usually required to testify that the car part is defective. As many mechanical issues are beyond the average person's comprehension, these experts play a crucial role in explaining why the part or system in your car is hazardous.

Evidence of the Other Driver’s Fault

To prove the other driver is responsible for the harm you suffered, you need evidence showing how they caused the accident. This usually involves providing testimony about how the defendant caused the accident, like telling the court how they ran a red light or were speeding.

However, there are situations where it is not that simple. For instance, the driver who caused your accident might be a company employee who was on the clock when they injured you. In these cases, you must sue the driver’s employer under the legal doctrine of vicarious liability. Our lawyers can gather employment records to prove that the driver responsible for your accident works for the company and hold both liable.

Similarly, proving liability can be challenging when dealing with faulty vehicles or automobile components. The manufacturer that assembled the car or a previous manufacturer that produced the parts that caused your injury could be held responsible. Our attorneys can help you determine who in the chain of commerce is liable for the injuries and gather the necessary needed to show where each party failed to act responsibly.

Evidence Showing the Extent of Your Injuries

It is also important to provide supporting evidence proving that you have been injured. Sometimes, your physical appearance will be enough to show the harm caused, especially if you are wearing casts for broken bones or using a wheelchair. However, medical records, diagnostic tests, and photos of your recovery will provide a complete picture of your injuries to the court. Our team will help gather important documents from any providers you visit for treatment.

Your testimony about the cause of your injuries and how they have impacted your life is also crucial evidence of not just your physical harm but your psychological ones, as well. Describing the mental impact your injuries have had on your work, family life, and activities you used to enjoy can help the court understand the true severity of your injuries. We can also gather records from any psychiatrists or mental health counselors you visit if they will improve your case’s chances of success.

This evidence is typically also used to determine the value of your case. Medical bills and invoices can demonstrate the cost of your injuries to insurance companies and the court. Your testimony describing your pain and suffering will be included with these financial totals to get the actual value of your claim.

In some cases, your injuries might be so severe that your doctor or another medical expert will need to testify about the amount of further recovery you require and the costs associated with any surgeries, physical therapy, and other care you need as part of your rehabilitation plan. We will arrange for the necessary witnesses to provide the information the court needs to fully understand your injuries.

Using the At-Fault System After an Anderson, IN Car Accident

In Anderson and the rest of Indiana, the driver who caused the car accident should be held responsible for paying the other parties involved. This is referred to as the “fault” system. Under these rules, the liable driver's insurance typically covers these expenses up to the limits of the driver's policy.

To start your claim, report the accident to your insurance company immediately after it occurs. While providing your information, avoid making any statements that could be interpreted as admitting fault. However, it is best to speak with our team before making any statements. We can help you avoid saying something that could be used against you during negotiations to reduce your compensation or deny your claim.

After an accident, each driver's insurance company usually investigates to determine who is responsible and the extent of their liability. The investigation includes examining the police crash report, interviewing witnesses, and potentially recreating the scene of the accident to get a full picture of what happened.

However, the fault system also gives car accident victims the right to claim damages in court. If the other driver’s insurance cannot cover the costs of your injuries or the insurance company denies your claim, this might be the only path to compensation.