The strongest evidence in a car accident case typically falls into three categories: proof of who was at fault, proof of your injuries, and proof of your financial losses. This includes the police report, medical records, and pay stubs.
If you are reading this from home, perhaps days after the crash, you might be worried. Maybe you feel you did not take enough photos at the scene, or you are concerned it is too late to build a strong case.
While evidence from the scene is helpful, the paper trail you create during your recovery period is what shapes the final outcome of a claim. This documentation becomes the backbone of your case.
Insurance companies are businesses, and to remain profitable, they must balance paying claims with managing their bottom line. They review claims for gaps in paperwork or inconsistencies that might suggest an injury is not as severe as claimed. Our role is to use evidence to present a clear, complete, and undeniable picture of the accident's impact on your life.If you are worried that you do not have enough proof to support your claim, call us at (512) 477-7333. We will review what you have and help you find what you’re missing.
Key Takeaways for Your Car Accident Case
- Official reports and medical records are the foundation of your claim. These documents provide the objective proof needed to establish fault and the extent of your injuries.
- Consistent documentation of your daily life strengthens your case. A pain journal that details specific limitations and missed activities provides compelling evidence for non-economic damages like pain and suffering.
- Some of the most powerful evidence disappears quickly. Video surveillance footage and a vehicle's "black box" data must be preserved immediately through legal action, as they are frequently erased or lost.
The Official Record: Police and Crash Reports
The official police report, known in Texas as the CR-3 Peace Officer's Crash Report, is the starting point for any car accident claim. It provides a summary of the officer’s initial observations; however, it is not the final verdict on who was at fault.
Officers arrive after the fact and do their best to piece together what happened based on vehicle positions, debris, and statements from drivers and witnesses. Sometimes, they may miss a detail or misinterpret the angle of impact.
You should also understand a key legal concept. The report itself is considered hearsay in court, which means it is not always usable as direct evidence. The officer’s testimony based on the report and their direct observations, however, is very influential. A car accident attorney uses the report to find other admissible evidence, like contacting the witnesses listed by the officer.
How to Get Your Crash Report and What to Do Next
You may request a copy of your CR-3 through the Texas Department of Transportation (TxDOT) Crash Report Online Purchase System. Once you have it, review the "narrative" section carefully. This section is where the officer describes how they believe the accident occurred.
If you find factual errors, file a supplemental report or an amendment to correct the record. While this is a challenging process, it is an available option. Ensure the official account is as accurate as possible.
Medical Evidence: Proving the “New Reality” of Your Life
After a collision, insurance adjusters commonly look for ways to connect your pain to a previous injury or a degenerative condition. They may argue the soreness you feel is not from the crash but is instead a "pre-existing" issue.
To counter this, you need a clear medical trail that links the collision directly to the new pain and limitations you are experiencing.
What Medical Evidence Should You Gather?
A comprehensive medical file contains more than the initial emergency room visit. We work with clients to assemble a complete record, which usually includes:
- Diagnostic Imaging: This includes X-rays, MRIs, and CT scans that show fractures, herniated discs, or other internal injuries. Many soft tissue injuries, like whiplash, do not always appear on initial X-rays, making the doctor's written notes even more significant.
- Treatment Plans: These documents outline the course of care your doctor recommends, from physical therapy to future medical procedures. This helps establish the projected costs and duration of your recovery.
- Physician's Notes: These are the detailed, contemporaneous notes your doctor makes during each visit. They document your reported pain levels, your progress, and the doctor's professional observations about your condition.
- Medical Bills and Invoices: Every bill, from the ambulance ride to prescription co-pays, serves as proof of the financial cost of your injuries.
One of the most damaging things to a personal injury claim is a gap in treatment. If you miss appointments or wait weeks to see a doctor, an insurance adjuster might see that as an indication that you are not truly injured. Follow your doctor’s treatment plan diligently.
Finally, a "causation narrative" is one of the strongest pieces of medical evidence. This is when a doctor provides a professional opinion, stating that it is "more likely than not" that your injuries were caused by the specific car accident. This explicit connection helps close the door on arguments about pre-existing conditions, especially for injuries with delayed symptoms like whiplash.
Visual Evidence You Still Collect From Home
Even if days have passed and the vehicles have been towed away, you can still generate strong visual evidence to support your case.
Start an injury photo log. Bruises become more visible a day or two after an impact. Take photos of any bruising, swelling, cuts, or surgical scars as they evolve. You might also take short videos that show how your mobility is limited, such as an inability to lift an arm fully or difficulty walking.
Revisiting the Vehicle Damage
Your vehicle is a key piece of evidence. If it is at a tow yard or a body shop, make a trip to take more photographs. People forget to document the interior damage at the chaotic accident scene. Take pictures of deployed airbags, a broken dashboard, a shattered console, or a bent steering column.
Severe damage to a car's steel frame helps corroborate the medical argument that your body absorbed a tremendous amount of force and paints a vivid picture for an adjuster or jury of the violence of the impact.
Documenting Non-Economic Damages
While medical bills prove what you paid, a pain journal proves what you lost. It is a log of how your injuries have affected your daily life, and it provides the human story behind the claim.
An effective journal is specific. Instead of simply writing "my back hurt today," provide context. A better entry would be: "Could not pick up my toddler today because of sharp back spasms; I had to miss her first soccer game and my spouse had to take the day off work to help."
This type of documentation humanizes the claim, transforming a case file from a stack of papers into the story of a real person's struggle. Under Texas law, you are entitled to pursue compensation for intangible losses like physical impairment and mental anguish. A detailed pain journal is one of the primary sources of evidence for these damages.
Financial and Economic Documentation
Proving your financial losses goes beyond the wages you missed in the first few days after the crash. Your economic damages include all the income you have lost and may continue to lose because of your injuries.
This includes time taken off for doctor appointments, hours missed for physical therapy sessions, and any reduction in your work schedule due to being placed on "light duty."
What Financial Documents Are Needed?
To build a case for lost income, we typically gather the following:
- Recent Pay Stubs: Your last three months of pay stubs help establish a baseline average of your regular earnings.
- Tax Returns: These are especially helpful if you are self-employed or a gig worker in Austin's dynamic tech and music industries, as your income may fluctuate.
- A Letter from Your Employer: An official letter from your HR department confirms your rate of pay, your regular hours, and the specific dates you were absent from work due to your injuries.
In cases involving long-term or permanent injuries, we may also need to prove "loss of earning capacity." For instance, if a construction worker with a permanent back injury can no longer perform manual labor, we would work with vocational experts to assess the long-term impact on their ability to earn a living.
The “Hard-to-Get” Evidence: Digital and Surveillance Data
Some of the most compelling evidence in a car accident case disappears quickly, sometimes within hours. This is data you typically do not get on your own and requires swift legal action to preserve.
Surveillance Footage and Event Data Recorders
Many businesses, such as gas stations, convenience stores, and buildings with ATMs, have security cameras that may have captured the accident. This footage is frequently recorded on a loop, and it may be erased automatically in as little as 48 to 72 hours. An attorney sends a formal preservation letter to these businesses, demanding they save any relevant video.
Additionally, most modern vehicles have an Event Data Recorder (EDR), also called a black box. This device records data in the few seconds before and after a collision, such as vehicle speed, brake application, steering inputs, and airbag deployment. This data is invaluable in "he said, she said" disputes. The data belongs to the vehicle's owner and is not downloadable without consent or a court order.
Note: If a vehicle is declared a total loss and sold for scrap, the EDR data could be lost forever. Act quickly to have this information preserved.
Cell Phone Records
If you suspect the other driver was texting or otherwise distracted, their cell phone records serve as proof. Obtaining these records is not simple; it requires a subpoena issued as part of a formal legal proceeding. Having legal counsel is necessary to uncover the full truth.
FAQ: Common Questions About Evidence
Can I use my own dashcam footage?
Yes. Raw, unedited dashcam video is excellent evidence. Be sure to save a copy immediately.
What if the other driver admitted fault at the scene but changed their story?
This is a common occurrence. We would look for independent evidence, such as witness statements, surveillance video, or admissions captured on a responding officer's body camera, to corroborate what you were initially told.
The insurance adjuster asked for access to my
Generally, no. Do not sign a blanket medical authorization. An adjuster may use it to search for unrelated, pre-existing conditions to argue against your claim. We will help ensure they only receive records that are relevant to the injuries from the accident.
Is a witness statement valid if it’s just handwritten on a napkin?
Yes, so long as it is legible, signed, and contains contact information. Our legal team then follows up with the witness to obtain a more formal, signed affidavit.
I didn’t go to the doctor for three weeks. Is my case ruined?
It is not ruined, but it presents a challenge. We will need to thoroughly document the reason for the delay. Perhaps you were trying to "tough it out," or you lacked transportation or childcare. Be honest and provide a clear explanation for the gap.
Let Us Handle the Paperwork While You Heal
You’re not expected to gather all the evidence needed to build a strong case. That’s our job.If you are unsure what evidence you need or how to get it before it disappears, call Lorenz & Lorenz, PLLC today at (512) 477-7333 for a free consultation.