What Evidence Can Help a Car Accident Case In Washington?

A car accident is a terrifying experience for all involved, especially when it results in serious injury. Often, the trauma continues through emergency treatment at the hospital, necessary medical procedures, and a lengthy recovery period that may prevent a return to work.

In addition, the distress of a car accident in Washington continues throughout the process of trying to recoup accident-related losses. Washington’s fault-based car accident laws require an accident victim seeking compensation to file a claim against the at-fault party, with clear evidence of their liability. 

If you’ve been injured in an accident, contact a Kent personal injury lawyer to learn more about the evidence you need to recover compensation.

Understanding Burden of Proof In Washington Car Accident Claims

A car accident victim in Washington becomes the plaintiff in the case. This means the burden of proof is on them to gather evidence demonstrating the responsible party’s liability through a preponderance of the evidence, or that it is more likely than not that they caused the accident.

The evidence must demonstrate that the at-fault party owed a duty of care to the injury victim, like a driver’s duty to obey traffic laws, or a road maintenance agency’s duty to repair potholes.

Then, the evidence must show that they breached their duty of care, that the breach caused the accident, and that the injury victim suffered damages from the accident.

Evidence From the Scene After a Car Accident In Washington

Even when an accident causes severe trauma and incapacitation, evidence begins at the accident scene once the police arrive and generate an accident report with their observations.

However, if a car accident victim can safely use their phone, they can preserve helpful evidence at the scene while they wait for transportation to a hospital.

After calling 911 to report the accident, use the phone to do the following:

• Take photos of the damaged vehicles and the accident scene, including anything relevant to the crash
• Take photos of any visible injuries
• Add the other driver(s) contact information
• Add the contact information of any eyewitnesses to the accident

It’s always best to go directly to a hospital from the accident scene, either by ambulance or by arranging transportation. This not only ensures that you receive critical care but also provides evidence that the injuries occurred in the accident.

Obtaining Medical Evidence of Your Injuries and Damages

At the hospital, ask for a complete medical assessment after your emergency treatment for the evident injuries. This helps diagnose and document injuries with delayed symptoms.

Then, ask for a detailed medical report listing each injury and the doctor’s recommendation for treatment, as well as your prognosis for recovery. Be sure to follow your doctor’s orders and attend all appointments.

Save copies of all medical bills and receipts for out-of-pocket expenses. This becomes the evidence of your economic damages.

Evidence of Pain and Suffering In Washington Car Accident Cases

It’s far more challenging to prove intangible damages, such as pain and suffering, than tangible economic losses. Often, an experienced car accident lawyer consults with medical experts to obtain testimonial evidence on the amount and expected duration of pain for your type of injury.

They may also consult with an occupational therapist about the impact of the injury on your ability to work in your former capacity—or at all.

Keeping a daily journal of your pain levels, medical appointments, and other impacts the accident has on your daily life also provides evidence of non-economic damages like pain, emotional trauma, and loss of enjoyment of life.

How Can a Washington Car Accident Lawyer Help?

In addition to the evidence you gather, a car accident attorney investigates all aspects of the accident and the impact of your injuries to compile evidence in your case. With compelling evidence, a car accident claim in Washington is far more likely to result in an ample settlement than to require litigation in court.

Contact us at Caffee Accident & Injury Lawyers to learn more about how a car accident attorney can help you make a strong, evidence-based claim for the full compensation you deserve.