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Gathering Evidence

Gathering Evidence After a Car Accident in Durham

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If you have been involved in a car accident through no fault of your own, North Carolina provides you the right to recover for the injuries or losses you have suffered. But, to recover you will have to prove both the liability of the other party and your own damages. The best way to prove these things in your claim is through the use of evidence.

Generally, settling your own claim with the at-fault driver’s insurance provider is more favorable when compared to drafting and filing a lawsuit. Settlement negotiations are less formal, less expensive, less time-consuming, and they allow the parties more leeway in determining the amount of recovery. However, if you choose to settle your own claim, you will want to prepare your evidence and your claim as if you were heading to trial. At Wallace Pierce Law, our Durham attorneys have years of experience investigating car accidents and gathering the evidence we need to build your case. We know where to look and who to talk to in order to ensure the at-fault party doesn’t evade liability.

Call for your free consultation at (919) 887-7892, or contact us online. Our professional team of lawyers can collect the evidence you need in your case.

What Does It Mean to Prove My Right to Recovery?

Under North Carolina law, the plaintiff bears the burden of proving to the finder of fact – either the judge or jury – that the events alleged occurred and that these events give rise to a right of recovery. In civil (meaning non-criminal) actions, you will be required to prove each element of your claim by the preponderance of the evidence. “Preponderance of the evidence” means that it is more likely than not, or at least 51 percent likely, that the alleged acts did in fact occur. While this standard is not as stringent as the “beyond a reasonable doubt” standard used in criminal courts, it is important for you to be aware from the start that you bear the burden of proving your claim.

You prove your right to recovery by showing evidence that supports your version of events. All too often in car accidents the only evidence offered is the conflicting testimony of the drivers involved. Each one contradicts the other, and the insurance adjuster ends up denying the claim because of the lack of proof that his or her insured caused the accident. By collecting as much supporting evidence as you can, you can try to overcome this issue, maximize your chances of receiving a favorable settlement and put yourself in a great position in the event that a lawsuit is filed in the future.

What Evidence Should I Look For?

As you prepare your claim, you should look for any piece of information or document that with help prove or support your claim, regardless of how trivial or inconsequential it may seem. The smallest shred of evidence could ultimately be a deciding factor in whether you recover for your injuries.

Eyewitness Statements

It is not uncommon for two drivers involved in the accident to have different versions of the same story. When this occurs, typically it becomes a “he said, she said” type of battle, likely resulting in both insurance companies denying liability. One of the best ways to support your account of the accident is to provide statements from witnesses that corroborate your version of events. Eyewitnesses can provide some of the most valuable evidence there is when it comes to proving your right to recovery. It is important to gather information about eyewitnesses as soon as possible after the accident occurs. It is important to also remember that you are an eyewitness to the accident. Remembering this key fact, make sure to document your account of the accident as soon as possible.

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Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • $1,900,000 Wrongful Death

    The at-fault driver failed to reduce speed and collided with our client's vehicle. Our client passed away shortly after the collision.

  • $900,000 Wrongful Death

    Our client was thrown from his motorcycle and was pronounced deceased on the scene.

  • $122,000 Car Accident

    Vehicle made a left-hand turn, failing to yield the right of way.

  • $104,000 Serious Injuries

    Client was a passenger in a vehicle that was driving through an intersection when another vehicle ran a stop sign and t-boned the vehicle our client was in.

  • $104,000 Severe Injury

    We were able to not only receive policy limits for our client but were able to negotiate her medical bills and liens to ensure that she was able to keep a good portion of the settlement.

  • $102,000 Serious Injuries

    Elderly client was a passenger in a vehicle that was t-boned in an intersection where a driver failed to yield the right of way.