How do you figure out who is at fault for a car accident? Why are accident investigations important for filing an insurance claim or lawsuit, especially with Florida’s no-fault state status? The following information highlights how car accident investigations are conducted. It also shows how they are used to determine liability. Please keep in mind that there are many factors when investigating a car accident. This is not an exhaustive or complete list of these factors.
The Role of Investigation in Car Accident Cases
Recovering damages from a car accident starts with a thorough investigation. The role of the investigation is to identify its causes, contributing factors, and costs. An investigation can be a long process with a myriad of details. It can also involve a massive amount of paperwork and communication with the at-fault party, their insurance company, and their adjuster.
A car accident lawyer experienced in handling investigations can help you build a comprehensive case file. They will present the investigation results to the at-fault party and their insurer on your behalf. A free review of your case and risk-free, contingency fee representation means you can get started pursuing damages right away.
How does the car accident investigation start?
A Florida police report is a detailed document that can provide valuable details and information that can bolster your injury claim. According to Florida Statutes § 316.066, filing a police report is mandatory if anyone was injured or fatally injured. It is also mandatory if alcohol use was involved, either vehicle required towing, or the accident involved a commercial vehicle.
The long-form accident form will include the following information:
- Car, driver, and insurance info
- Weather and road conditions
- Witness contact information
- Vehicle points of impact
- Readily apparent injuries
- Narratives and diagrams
This information is impartial and can help you prove the cause of your accident and protect yourself from unfounded allegations. Your lawyer will obtain a copy of your police report and any photos or other attachments.
Eyewitness Testimony is a Critical Component
Eyewitness testimony is another form of objective evidence. Even better, if more than one person witnessed an accident, it could result in testimony from varying points of view.
They can attest to:
- The other driver’s actions
- Traffic law violations
- Each driver’s condition
- The sequence of events
Car accident witnesses can include passengers, other drivers, and bystanders. Your legal team’s investigation will identify eyewitnesses and obtain their witness statements while their memories are vivid.
Key Evidence in Car Accident Cases
Car accident evidence should tell your legal team when and where the accident occurred, road and weather conditions, and whether there were injuries or fatalities. It should also document the accident’s costs.
In addition to the police report and eyewitness testimony, a strong case file will include the following types of evidence:
- Records that describe your accident injuries, their cause, treatments, and medical expenses
- Written prognosis that describes the care you will require after your case is resolved
- Salary history records that prove the value of your accident-related lost income
- Photos and video footage of both vehicles, your injuries, and the accident scene
- Accident reconstruction reports and medical first responder reports
- Statements from medical and financial experts and specialists
Your lawyer will not ask you or your family to collect evidence. Instead, they will handle this process for you, including creating a cohesive case file and submitting it on your behalf as part of the settlement negotiation process.
How long do car accident investigations take?
There are three groups of people who examine car accidents. They are law enforcement officers, insurance company agents, and independent accident investigators. Each has its own purpose.
- Police officers investigate car accidents for indications of criminal activity.
- Insurance company agents or adjusters look for who caused the accident and are responsible for damages.
- Independent accident investigators look for negligence to recover compensatory damages.
How to Examine the Auto Accident Scene Investigations?
Police officers are usually the first to arrive at the scene. Obviously, their priority is getting medical help for the injured. Once this is done, officers have the chance to take down preliminary information that might include:
- The exact location of the accident
- Date and time
- Weather and road conditions
- Number of injured people and/or fatalities
- Presence of alcohol, drugs, or suspected drug or alcohol use
How to Gather and Preserve Car Accident Evidence?
It is important to inspect the accident scene for evidence before it is compromised by weather, time, or human activity. Most car accident investigators take photos of the scene. They might also make sketches or use chalk to designate an area that needs further inspection.
Some types of evidence that a car accident investigator looks for at the accident scene may include:
- Puddles of gasoline, blood, or oil
- Debris such as pieces of glass, fender, shredded or blown tire, and other vehicle parts
- Skid, scrub, or gouge marks on the pavement, ground, or stationary objects (a telephone pole, for example)
- Measurements between the point of impact and vehicle resting place after the collision
- Evidence of alcohol or drug use (such as an empty beer can)
- Pieces of private property that were thrown from the car at impact (cell phones or purses, for example)
A skilled car accident investigator will also examine the vehicles involved in the collision. Examining the damaged vehicles may reveal mechanical failure or safety violations that caused the accident.
How to Prove Fault for a Car Accident?
The specific process of proving fault is unique to each car accident—each collision is different. Still, car accident attorneys generally consider several resources when proving fault, including:
Statements From Those Involved in the Accident
Your personal injury lawyer will weigh your account of the accident and review any statements other involved parties gave to law enforcement officers, bystanders, or others. Your attorney will specifically look for:
- An explicit admission that a motorist caused the accident
- Admissions to behaviors (like distracted driving) that led to the collision
- An apology, which may indicate wrongdoing
- Any other statements or actions that indicate the at-fault driver is responsible for the car accident
An admission of wrongdoing can be among the most important evidence in a car accident case.
Eyewitness Accounts
Eyewitnesses may provide detailed, unbiased accounts of how and why the accident happened. Your car accident lawyer may use existing eyewitness testimony and re-interview witnesses for more detailed accounts.
Videos and Photographs
Your attorney may seek:
- Video footage of the accident
- Video footage of relevant events that led to the accident (like a motorist weaving through traffic at high speeds)
- Photographs of vehicle damage and the accident scene
A picture can be worth a thousand words, and a video may be worth even more. Your motor vehicle accident attorney will actively seek any visual evidence that contributes to your case for compensation.
A Police Report
A law enforcement officer’s report carries authority. Your lawyer will obtain a copy of the incident report and extract relevant details (like the officer’s determination of why the accident happened).
Expert Testimony
Experts may:
- Testify about why and how the accident happened
- Provide an opinion about who is at fault for the accident
- Reconstruct the accident based on witness accounts
- Substantiate your case for compensation
If any other evidence or resources can help your attorney prove fault, they will use that evidence in your case. They will aim to establish beyond a doubt who is at fault for the accident and, therefore, who is financially liable for victims’ damages.
How many steps are there in the Auto accident Scene investigation process?
There are other signs that a car accident investigator looks for when examining the vehicles:
Car Accident Investigation Procedure
- Their location after the impact
- Damage to all involved vehicles
- The position of turn signal levers
- Broken or missing seat belts
- Functioning headlights and taillights
Police officers, insurance investigators, and private accident investigators should be careful when examining and collecting evidence. Otherwise, they face legal and professional consequences for tampering, destroying, or improperly gathering evidence. Their investigation will play a significant role in determining criminal and civil actions against those at fault. For more legal help call our personal injury lawyer.
Putting the Pieces Together for an Accurate Recreation
Finding out what happened in a car accident is like fitting jigsaw puzzle pieces together. Other pieces of information must be included to get the full picture. These include:
- Police reports
- Witness statements
- Severity and type of injuries
- Environmental conditions
- Relevant laws and traffic guidelines
Car Accident Investigations Are Time-Sensitive
You should not wait to hire an auto accident attorney in Fort Lauderdale, as securing evidence is a highly time-sensitive responsibility. As you seek legal representation, consider that:
- Eyewitness accounts can fade with time and may lose credibility the longer you wait to obtain them
- Video footage from traffic cameras, security cameras, and other sources will likely be erased after a certain period
- Several other forms of physical evidence may be unavailable if you wait to hire your car accident attorney
While your legal team will seek evidence immediately, they cannot begin working until you formally hire them. The legal process is complex and time-consuming. Don’t wait any longer to look for and hire your Fort Lauderdale car accident attorney.
Accident reconstructions
The last step of a car accident investigation is usually a reconstruction. Accident reconstructions combine physics and mathematics to determine the sequence of events that led to the collision. They use measurements and calculations such as the manufacturer’s weight of the car, skid marks, and other data.
An accident reconstruction helps show key elements in a car accident, including:
- Speed of vehicles
- Relative positions throughout the accident
- The direction of travel both before and after impact
- Point of impact (there may be more than one if it is a multi-vehicle accident)
- Road surface and conditions
Today’s accident investigators may use accident reconstruction software programs such as Virtual Crash. Others might sketch the accident by hand. Either way, a car accident investigator has a responsibility to be as exact and objective as possible.
Why It Is Important to Determine Liability in a Car Accident?
In addition to figuring out if there are any criminal charges or illegal activity, a car accident investigation can also name who is at fault. If you were injured in a car accident that was someone else’s fault, you may have physical, mental, or financial damages. You might be entitled to compensation because of the driver’s negligence. You have the right to seek potential compensation regardless of any criminal charges.
Recovering Compensation From a Negligent Driver
It is important to understand how car accident investigations work because they play a crucial role in recovering potential compensation. For example, if an investigator from our law firm proves that your injuries are consistent with findings from the accident scene, this strengthens your claim. As a Fort Lauderdale Personal Injury attorneys, the Law Offices of Wolf & Pravato will investigate and recreate as necessary to recover compensation that you might be entitled to receive.
Car Accidents Are Plentiful
Unfortunately, South Florida offers plenty of work for car accident investigators. According to the Florida Department of Highway Safety and Motor Vehicles, there were 40,782 car accidents in Broward County in 2018. There were more than 63,500 accidents in Miami-Dade Country during that same time.
Contact The Law Offices of Wolf & Pravato For Help
If you were involved in a car accident, you could qualify for compensation for expenses such as medical bills, car repair, and lost pay. For a free consultation, call the Law Offices of Wolf & Pravato at (954) 633-8270 or click here.
FAQs Related To Car Accident Investigations:
What measurements are taken at the scene of a car accident?
The immediate priority is to seek medical help for the injured people. Scenes are often chalked out, and sketches are made to secure the area for a complete vehicle accident investigation. To firmly record the pieces of evidence, photos and videos of the scene are taken. In case of severe accidents involving casualties, the impact scene may also be defined by caution tapes for preventing the evidence from being tampered with. Dedicated authorities are called for looking into the matter, and investigation procedures are followed.
What goals do investigators have when examining a car accident?
Police officers are usually the first to arrive and conduct auto accident scene investigations for any possible criminal activities. They also take down all the preliminary information available at the spot, including the exact location of the accident and the people involved. Insurance company agents figure the cause of the accident through the evidence— finding out who’s at fault.
The independent accident investigators try to find out the negligence in the accident against which compensations are liable. Most investigators take photos of the scene to make a record. They also look for relevant evidence around the scene, including stains of blood, marks of skids, and the possible presence of drugs.
What are the steps of accident investigation?
The entire car accident investigation procedure starts with noting down the initial information of the scene and ends with the reconstruction of the accident. This is followed by the determination of liabilities for the damages caused.
Once all the preliminary data is logged, and evidence is gathered by investigators, the impact of the accident is analyzed. This includes the consideration of vehicles involved, measurements from the point of impact, and the revelation of mechanical failures. Then, you have to preserve the evidence and draft an investigation report. Lastly, the complete accident scene is recreated to study the calculations of the impact.
How do police investigate a car accident?
When the police arrive, they immediately call for a medical emergency and help the injured. Then, they start their investigation by looking for indicators of any criminal activity involved. Police officials may record statements of witnesses and capture photos of the accident scene to include in their report. This police report forms the basis for individual investigators to make their observations. Police also ensures the safety of all people present at the scene and manage the traffic movements around.
What are some investigation techniques?
To investigate auto accidents, evidence is recorded manually to log all the valuable leads. Scene areas are defined, so they are not tampered with by external sources. Reconstruction of the accident helps in scientifically analyzing the sequence of collision events. It covers the vehicles’ speed, relative positions during the impact, and road conditions. Various software solutions help in online accident reconstruction. Detailed investigation reports also serve to be a powerful technique in the investigation.
What is the Deposition Process in Car Accident Claims?
The discovery phase of an investigation allows each party in a car accident claim to review all the evidence gathered by the other side. Depositions are part of the discovery process, giving each side the chance to interview all witnesses.
Witnesses will be placed under oath, sworn in, and must provide truthful answers. All testimony will be recorded, and transcripts will be made available. They can vary in length, lasting from hours to days, and are part of the official record. You will be asked about the auto accident, your injuries, and the accident’s physical, emotional, and psychological aftermath.
