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Communications & Preservation of Evidence Following Auto Accident


Personal Injury

It is not uncommon for the persons involved in a collision to proceed to discuss the events of the accident immediately following its occurrence. While it is often necessary to communicate for the purpose of securing safety, checking for injury, or exchanging relevant information, it is important to limit post-accident communications as much as possible. The Auto Collision Attorneys of the Law Office of Alba & Yochim P.A. offer the following tips to accident victims regarding communications and preservation of evidence following car accident.

In order to preserve evidence, it is first necessary to understand precisely what the term evidence means. Some evidence is more tangible in nature, such as photographs, police reports, or the actual vehicles involved. Some evidence is perception based, such as the accounts from the parties or witnesses to an accident. Evidence can also include the opinions, views, interpretations, or perceptions of persons not present at the accident scene, such as law enforcement or accident reconstruction experts.

By having an understanding of what evidence encompasses, you can apply this to determine the appropriate actions to take following an auto accident. Two important considerations should always be kept in mind when communicating with other parties involved in the accident–Relevance and Necessity. This concept can be summarized through asking yourself one simple question: ‘Is the communication relevant to a matter that is necessary to discuss?’ Consider the following tips:

Tip # 1 – Communication with Parties. Other than securing the safety of any victims involved, there is little need for the parties to an accident to communicate with one another. Law enforcement can obtain the necessary and relevant information for each party.

Tip # 2Communication with Witnesses. Check your surroundings for possible witnesses. Try to refrain from discussing anything beyond the witnesses’ perception of accident events. In fact, limit your communications to mostly inquiries. If the accident involved a hit-and-run accident, and the circumstances allow the opportunity, attempt to locate as many witnesses as possible.

Tip # 3Communication with Law Enforcement. Make sure the accident has been properly documented in a formal police report. Review the report to verify that all information is accurate, including narratives which assign or suggest the fault of a particular party.

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In addition to limiting communications, the following additional tip is offered:

Tip # 4Photographs. If you or someone else is able to do so, you may want to document the accident by taking photographs of the vehicles involved, as well as the areas surrounding the accident scene.

Remembering these important tips can impact the amount or availability of compensation for your injury or loss. However, it is also important to remember that these tips apply to all communications, whether at the accident scene, or in a subsequent situation. For this reason, consulting with an attorney as soon as possible following an accident, is crucial. Know your legal rights – and take measures to protect them.