How Does Your Attorney Gather Evidence for a Car Accident Case?

Brendan Fleming |
A woman is injured in a car accident in Houston, Texas.

If you’ve been injured in a car accident in Houston your main concern should be your health and that of anyone else who was in your car. If you’re able to, gather evidence at the scene, if you’re unable to, call the lawyers at Fleming Law, we can do all of the work for you 713-221-6800.

Recovering from your injuries is YOUR number one priority, recovering evidence in your case is OUR number one priority. Time is of the essence when it comes to car wrecks, contact our attorneys and we will get to work on your case immediately.

What Kind of Evidence is Important for Your Texas Car Accident Case?

There is evidence that is common to all wrecks and some evidence that will be unique to the circumstances surrounding your case. That’s why it’s so important for you to call experienced lawyers like those at Fleming Law Personal Injury Attorneys. Here is a rundown of what our attorneys will be looking for.

Crash Report

The starting point for any car accident case is the crash report. If you were injured, a police officer would’ve come to the scene and filled one out. Our attorneys can obtain this for you and it won’t cost you anything, in fact we cover all of the costs for your case upfront and we don’t get paid unless we settle the case for you. A crash report will allow us to establish who caused the crash, where it happened and when, and if the other driver broke the law. The best thing about the crash report is, it’s written by a police officer which means it’s strong evidence for your case. Contact our Houston car accident injury attorneys today.

Eye Witnesses

Another important piece of evidence for your accident case is the testimony of any eye-witnesses. If your accident was serious enough and traffic was stopped, witnesses may offer their information to you, the police, emergency medical services (EMS) or the fire department. Our attorneys can gather evidence from witnesses for you. Usually this is in the form of written testimony but it can also include photos and video.

Video of the Accident

If you’re able to, take photos of the accident and document the damage, the positioning of the cars and the surroundings. This will allow your attorney to support your claim on how the accident happened, in what direction the drivers were traveling and the time of day.

The attorneys at Fleming Law can also gather video from the surrounding businesses if your accident happened on roads with strip malls and stores or from the traffic cameras on the freeways and feeder roads in Houston. This evidence can be crucial to your claim if it captured the accident as it happened. For instance, if you were rear-ended and it was recorded on video, it will show how fast the driver who caused the accident was going. This is powerful evidence to support your claim against the insurance company.

Toxicology Reports for DWI Cases

Sadly, drunk drivers are still a big problem in Houston and the injuries they cause are serious. Police officers are trained to administer field sobriety tests at the accident scene when a suspected drunk driver is involved. If a driver fails that test, they’ll be asked to submit to a breathalyzer or blood or urine test.

If a drunk is the reason why you were injured in an accident, our attorneys will obtain the toxicology report from the authorities to determine what their blood alcohol content (BAC) level was when the test was conducted. If the driver’s BAC was above .08, they were legally drunk. This is not the only information we will gather for your case. If the driver was intoxicated the testimony of the police officers, eye-witnesses or any video taken at the scene can be used to establish that the driver who hit you was drunk.

How Will Your Lawyer Use the Evidence?

Once all the evidence in your case is gathered, our attorneys will develop a strategy to negotiate a settlement for you with the at-fault driver’s insurance company. The adjusters at the insurance company will use common techniques to defend their driver and try to:

  • Shift blame and say that you caused the accident;
  • Argue that the accident wasn’t that serious and you couldn’t have suffered any injuries;
  • Lowball a settlement offer in the hopes you will just accept it and go away.

These tactics might work if you try and settle the case on your own, but they won’t work if our attorneys are handling your case. The evidence we gather in your case will support a claim that ensures you get the maximum compensation for your injuries and you recover fully, or reach maximum medical improvement.

You Have Questions About Your Accident, We Have Answers

Our clients, who have been injured in a car accident, have many questions. At any time, as our attorneys are handling your case, you can give us a call and ask questions about your case. If you’re wondering how long it will take to settle your case, it really depends on your unique situation. Generally speaking, the more serious the accident, the longer it takes. This is primarily due to the fact that your attorney has to wait until you fully recover before negotiating a settlement.

Another common question is how much will my case settle for? Our attorneys will always strive to get the maximum compensation from the insurance that is available. The answer to this question is unique for each and every client. Our attorneys will advise you along the way, as they work on your case, on the what we uncover. Information related to the insurance the driver who hit you carried on his car, your medical records and bills, and sometimes your own insurance all play a role in what your settlement will be.

When you’re finished treating with your doctors, our attorneys will be in a position to put together a negotiation package for the insurance companies. It’s at this point in the case where we can discuss how much your case might settle for. We will not start negotiating without your approval, nor will we settle your case without your approval.

Contact Fleming Law Car Accident Attorneys Today

The attorneys at Fleming Law Personal Injury Attorney have handled hundreds of car accident cases. There are no upfront costs when we take a case and we don’t get paid until we settle your case. Before hiring us, we invite you to discuss your case with us for free or schedule a meeting at our office, 713-221-6800 or contact us online.