determining fault after car accident

There is a variety of information – evidence – potentially available in a car after an accident that should be preserved in case there is a legal claim. This may range from evidence that shows a driver’s or passenger’s contact with the windshield, to technical information from the car’s “black box” event data recorder (EDR).

A car that is seriously damaged, or “totaled,” in a crash may be destined for the junkyard, but it should instead be secured after a wreck that involves serious personal injury or a death. This applies to each vehicle involved in a car crash. A driver or passenger injured in the accident, or the family of someone who died, may be eligible for compensation from the driver at fault for the accident. But such a claim must be proven, often with evidence that only exists in the wrecked vehicles.

Joye Law Firm’s car accident lawyers investigate crashes that have injured our clients or their family members. We can help you make the necessary arrangements after a car accident to ensure that the vehicles involved are preserved until our investigators have examined them.

This requires prompt action. Call Joye Law Firm now at (888) 324-3100 or fill out our online contact form.

Evidence in a Wrecked Car Can Be Lost

If you’ve ever seen a TV crime drama, you know that the first move at the scene of a crime is to tape it off so that evidence is not destroyed. A car crash scene is similar. It may contain a variety of evidence, including evidence in the vehicles involved in the crash.

Many people may have access to the vehicles involved in a serious car accident: police, emergency medical personnel, tow truck operators, insurance adjusters, car repair shops. Any of them – or an at-fault driver allowed access to his or her car – could remove or ruin evidence in the car, or the vehicle itself could be destroyed if arrangements are not made for securing the car after a wreck.

Evidence potentially available in a wrecked car that could be useful in a legal claim for compensation includes, but is not limited to:

  • Forensic evidence about who drove or occupied the vehicle, including fingerprints, hair, and blood.
  • Damage to the interior of the vehicle that matches injuries, such as broken glass or imprints on the dashboard.
  • Evidence from occupant protection devices (seatbelts, air bags).
  • Personal items in the car, such as electronic devices that may have distracted the driver, or evidence of alcohol or drug use.
  • Receipts in the car that indicate a driver’s activities, such as being awake over a long period of time and potentially a fatigued driver, or receipts for alcoholic beverages.
  • Evidence of vehicle failure or faulty car parts, such as brakes, tires and steering mechanisms.
  • Event data recorder (EDR) information (in some car models), which should be downloaded and analyzed.

After a car accident, it is not only crucial that your car is secured, but it’s just as important that the other driver’s car is secured for evidence after a wreck. Who would not try to clear empty beer cans out of his or her car after getting in an accident if allowed to do so?

But you have no control over the other driver’s car. Securing that car after a wreck requires a court order, and it requires quick action.

Joye Law Firm can help you secure the vehicles involved if you have been in a car accident. Our car accident lawyers have conducted hundreds of crash investigations in the Charleston, Columbia and Myrtle Beach areas and throughout South Carolina.

Talk Our South Carolina Car Accident Attorneys Today

Joye Law Firm’s lawyers investigate car accidents on behalf of injured individuals and their families across South Carolina. We move as soon as we are engaged by our clients to preserve, collect and analyze the evidence necessary to develop a solid case for compensation.

It is absolutely crucial to make a decision promptly after a car accident and begin the necessary legal work to secure evidence found in the cars involved in the wreck. A delay could cost you money for your recovery that you deserve.

Call Joye Law Firm today if you or a loved one has been injured in a South Carolina car accident. Call (888) 324-3100 or fill out our online contact form.

Sources:

  • NDAA – Crash Reconstruction Basics for Prosecutors