evidence

Waiting Too Long Before Visiting the Accident Scene

One of the most common mistakes is waiting too long before visiting the accident scene. This can have several negative impacts on a car accident claim. For one, it can be difficult to accurately visualize and reconstruct the accident if too much time has elapsed. Also, key evidence may have been removed or disturbed in the meantime. In some cases, weather conditions can also make it difficult to obtain an accurate picture of what happened. For these reasons, it’s important to visit the accident scene as soon as possible after the accident occurs. 

Not Packaging the Evidence Correctly 

Another mistake is not packaging the evidence correctly. There are three general tips to keep in mind when packaging evidence:

• Collect small items in sealable bags and label them with the date and time.
• Larger items, such as car parts, should be wrapped in clean paper or plastic and placed in boxes. Again, be sure to label the boxes with the relevant information.
• Take photos or videos of the evidence before packing it up. This will provide additional documentation in case the evidence is lost or damaged.

Not Labeling the Evidence Properly 

The third mistake is not labeling the evidence properly. When collecting evidence, it’s important to label the container with all the relevant information, such as the date and time of the accident, so that there is no confusion about what is inside the container.

Not Documenting the Location Where the Evidence Was Collected

This is another common mistake when collecting evidence. Documenting the location where the evidence was collected is important for three reasons. 

First, it confirms that the evidence was collected from the accident scene. Second, it helps to establish the chain of custody for the evidence. Third, it can provide valuable information about the conditions at the time of the accident. For example, if there was debris on the road at the time of the accident, documenting its location can help establish that it contributed to the accident. 

We’ll Fight to Get You the Compensation You Deserve!

There you have it, four mistakes that are often made when collecting or handling evidence. If you have been in a car accident and are looking for an attorney to help you pursue your claim, contact The Hoffman Law Firm. Our experienced St. Louis car accident attorneys can ensure that your legal rights are protected and that evidence is collected and handled appropriately. Contact us to schedule a free consultation.

What Is Circumstantial Evidence?

Circumstantial evidence refers to evidence that doesn’t directly prove the truth of an assertion but allows for an inference of its truth. In an auto accident lawsuit, this type of evidence can be used to prove liability. For example, if the defendant was speeding at the time of the crash, that fact may be used to infer that the defendant was negligent. Similarly, if the plaintiff was not wearing a seatbelt at the time of the accident, that fact could possibly be used to infer that the plaintiff was contributorily negligent.

However, it’s important to keep in mind that circumstantial evidence is not always conclusive. For this reason, it’s often best to combine circumstantial evidence with other types of evidence, such as eyewitness testimony or expert opinion.

How Does Circumstantial Evidence Differ From Direct Evidence?

Direct evidence is typically defined as firsthand testimony or physical evidence that directly proves a particular fact. In other words, it directly proves that the defendant was responsible for the accident. Circumstantial evidence is not as straightforward; it supports the conclusion that the defendant was responsible for the accident, but generally does not prove it directly.

How Is Circumstantial Evidence Different From Hearsay?

Hearsay can be defined as “a statement made by a witness who did not see or hear the event in question”. In other words, it’s second-hand information. Circumstantial evidence is not second-hand information; it’s evidence that supports a conclusion indirectly.

What Are the Benefits of Using Circumstantial Evidence?

There are many benefits of using circumstantial evidence. Some of the most common benefits include:

• It can be used to support a conclusion when there is no direct evidence available
• It can be used to corroborate direct evidence
• It can be used to fill in the gaps when the direct evidence is incomplete

What Are the Drawbacks of Using Circumstantial Evidence?

One of the major drawbacks of circumstantial evidence is that it’s often open to interpretation. What one person may see as a clear indication of fault, another may see as simply an unfortunate coincidence. This can make it difficult for jurors to reach a unanimous verdict and lead to lengthy and expensive court battles.

Another drawback of circumstantial evidence is that it can be easily manipulated, further complicating matters.

Another disadvantage of relying on circumstantial evidence is that it can give the impression that the plaintiff does not have a strong case. If the jury feels that the plaintiff is trying to hide behind technicalities, they may be less likely to award damages.

There you have it – a brief overview of circumstantial evidence in car accident lawsuits. While this type of evidence can be useful, it’s important to consider its limitations. If you have been involved in a car accident, it’s best to speak with an experienced auto injury attorney who can help you navigate the legal process, collect strong evidence and build a solid case.

St. Louis Auto Accident Lawyer

If you have been involved in an auto accident and are looking for an experienced St. Louis car accident attorney, contact The Hoffman Law Firm today. Our team has over 20 years of experience and is ready to help St. Louis car accident victims get the compensation they deserve. Contact us today for a free consultation.

Video recordings have a significant value in legal claims and are often used to decide cases. When it comes to car accidents, time is of the utmost essence.

Today, cameras are everywhere. From red lights to ATMs to privately owned businesses, these little eyes are everywhere, and anything and everything gets recorded. However, that does not mean you can get access to these recordings at your fingertips and at your convenience, especially when you’ve been involved in an automobile accident. 

You will likely be refused access to such recordings by the business owner at an establishment close to the scene of an accident or even by relevant authorities. Therefore it’s important to act with a sense of urgency in such scenarios because recordings tend to be erased from memory after a certain period of time to make space for new recordings. If you are injured in a car accident it is in your best interests to speak with an experienced St. Louis car accident attorney who can request acccess to any accident footage that may exist.

Why Accident Footage Matters 

Video footage from the accident scene could help determine if the other driver was speeding, driving between lanes, other motorists involved, whether the driver was under the influence of alcohol or drugs, and if the driver ran a red light. If a privately-owned business refuses to provide access to the recordings of their security cameras, your St. Louis car accident lawyer may issue a subpoena for the rights to the footage to prove your innocence and get you a fair settlement. 

Nowadays, there are no streets without red-light cameras. According to the Federal Highway Administration (FHWA), more than 50 percent of fatal collisions or accidents occur at or near intersections. This means that at least half of the time, there will possibly be some form of surveillance available to help determine liability.

Accessing Footage

If you notice a red-light near your crash site, you can ask your lawyer to request footage from the state. News companies often put up cameras at red lights to get traffic information and record accidents should they arise. Sometimes, footage may get captured by a police car dash camera if one is nearby, which can be requested again. Car accidents may also get captured by witnesses at the scene, in which case the footage can either be requested or procured by issuing a subpoena. 

There will be different procedures and regulations followed by each entity to release footage, and most will require a legal subpoena. If your personal injury lawyer can obtain video footage that clearly shows the other driver responsible for the collision, this piece of evidence will play a big role in convincing the other driver’s insurance company or a judge about the veracity of your claim.

It goes without saying that video recordings have a significant value in legal claims and are often used to decide cases. When it comes to car accidents, time is of the utmost essence. Ensure you reach out to a knowledgeable St. Louis car accident lawyer to secure the required footage that will determine the outcome of your case.

The Association for Safe International Road Travel reports that car accidents are responsible for injuries, disability, or death of more than 2.35 million individuals in the United States annually.

If you or a loved one have been involved in a car accident, and have sustained injuries as well as damages to your vehicle, then you would need to seek compensation for the expenses incurred.

In St. Louis, Missouri, all motor vehicle drivers and owners are required by law to have motor vehicle liability insurance coverage. This means you are entitled to compensation if the driver responsible for the accident is not financially able.

Do You Need a Car Accident Lawyer?

The total amount of money you might spend on medical bills and car repair or replacement must be shouldered by the driver at-fault or their insurer.

Most of the time, insurance companies will negotiate for a far lower amount. The process can take weeks, even months. Meanwhile, your expenses continue to pile up. The situation is compounded when you lose income due to your incapacity to work.

You should not settle for an offer that is not commensurate to the financial and emotional damages you suffered. If the offending party or their insurers remain uncooperative, you may need to take the matter to court. 

Compensation is your legal right. Whether you settle or file a suit, you will benefit from being represented by an experienced St. Louis car accident attorney.

What Documents Do You Need to Prepare?

Your St. Louis auto accident attorney can build a solid case with enough evidence to support your claim if you supply them with pertinent documents. These documents may include:

A Police Report

If law enforcement officers covered the scene of the accident, you need to obtain the report they filed.

Medical Records

If you were rushed to the ER, request for treatment records filed by your attending physician and other specialists who administered medical care in connection to the injury you sustained from the accident.

Compile all hospital and pharmacy receipts as well. If you were not hospitalized, you need the bill from the medical practitioner you consulted.

Vehicle Damage Report

Bring your car to a shop that can issue an inspection report along with valuations and repair estimates. If you’ve already done some work on the damage sustained from the accident, ask for an invoice.

Proof of Income Loss

Request your employer for documents showing the hours and days of missed work, which must be consistent with the date of the accident, the extent of your injury, your hospitalization, and doctor appointments.

Personal Journal

Write down as many details as you can of the accident. Record the consequences, including your physical injury, the negative effect on your emotional and mental health, and the impact on your ability to perform daily activities.

Should You Accept a Settlement Offer?

The good news is that very few demands for compensation end in a trial. Most parties at-fault, and their insurers, prefer settlement. However, before accepting any settlement offer, it is important to have an experienced attorney review your claim and make sure you are getting the full amount of compensation you are legally entitled to.

Having actual footage of a car accident you are involved in will certainly help to get a clearer idea of what happened, but will it actually help you with your insurance claim?

Dash cams are used more and more by drivers across the country. The main reason why people install these rolling cameras in their cars is to record any incident that might happen while on the road. Having actual footage of a car accident you are involved in will certainly help to get a clearer idea of what happened, but will it actually help you with your insurance claim?

How Will a Dash Cam Help You in Case of Accident?

It doesn’t really matter how good of a driver you are. You still face a lot of risks when driving your car. Other motorists can endanger you by being reckless, or you might be the victim of bad weather, poorly maintained roads, and even wild animals jumping in front of the car. 

Having a running dashboard camera will help you prove what happened in case there are no eyewitnesses. It can also provide details that the human eye cannot perceive, and the recordings are more accurate than your own memory, or the quick glance an eye-witness gets when vehicles collide at normal driving speed. 

Will the Insurance Company Accept Dash Cam Recordings as Evidence?

In Missouri, proving which driver was at fault for the accident is a crucial part of an insurance claim process, since the at-fault driver’s insurance will have to pay for damages inflicted on other drivers, passengers, or pedestrians. 

You might be surprised to find out that being cautious by using a dashcam will not necessarily guarantee you a smooth insurance claim. Many insurance companies have yet to set regulations when it comes to dashcams, and some of them will not give a video more weight than the usual photographs that are presented as evidence in car accident cases. 

Why You Should Speak With a Car Accident Attorney

If you believe that your dashcam video is needed to clarify the circumstances of your car accident, then it’s a good indicator that you also could benefit from the assistance of a car accident attorney. For cases which are anything more than straight-forward, easily negotiable ones, a St. Louis car accident attorney can make a big difference in your settlement amount.

Since using dashcam videos depends on what the assigned insurance adjuster decides, having a lawyer by your side helps a lot. A lawyer will be able to bring in expert witnesses who can analyze the evidence you have. They will evaluate the video from a professional perspective and they will put it into context.

St. Louis Car Accident Lawyers

To conclude, having a dash cam can be really helpful, but it may not necessarily be enough to build your case. If you or a member of your family have been involved in a St. Louis car accident, get in touch with an experienced attorney to ensure your legal rights are protected.

Without sufficient evidence to prove what actually happened in your car accident, your case can quickly turn in the other driver’s favor.

You never know what to expect in a car accident claim. Even though you think the situation is rather cut and dry, without sufficient evidence to prove your side of the story, these cases can quickly take a 180-degree turn in the other driver’s favor.

You need compelling evidence, which can take various shapes. However, by far, the most compelling pieces of evidence are photos, and the shots can come right moments after the accident took place.

Why You Should Take Photos from the Scene

The more you wait to document the scene of the accident, the more evidence can disappear. For instance, marks left on the road by tires can be washed away by rain, and that’s assuming you can even go back in a few days to take the picture.

If you are able to, meaning your injuries aren’t too severe, you should use your phone to take as many pictures of the surroundings as necessary to have an accurate depiction of events. Remember to capture:

• Your injuries
• Your car
• The road
• The other vehicle involved
• The people around (it will help when you are looking for witnesses)
• Any other property damage (broken lights, knocked over trash cans)

How to Make Sure Your Pictures Are Useful

If you have a smartphone made in the last five years, then the quality of the photos will most likely be good enough to show an accurate story. However, it’s important to know how to choose the frames you should take so that the photos themselves are telling enough.

Here are a few tips to consider:

Snap Wide and Tight Shots

It’s important to take both wide-angles pictures of the full event, as well as capture details that may be lost from afar. There may be scraps on the car you miss with the naked eye, but the photos can accurately show them, for example.

Take Lots of Photos

Right after the accident, you’re probably feeling emotional, shaking, and may be unable to fully concentrate. For this reason, you should take a lot of photos of the same thing. Sometimes a photo can look good on the screen of your phone, but when you put in a laptop it can be blurry. If you’re able to do it, ask a friend to help you.

Ask People for Extra Photos

Because it’s a digital era, it’s very likely that other people will have footage of the event, perhaps even some from the moments before the impact. Remember to talk to witnesses and ask for these photos, as they can help your claim.

Speak With an Attorney

Get in touch with a St. Louis car accident lawyer to discuss your situation and figure out the best course of action to get the full amount of compensation you are legally entitled to. Give us a call 24/7 at (314) 361-4242 for a FREE consultation.