Surviving a car accident, no matter how minor or severe, is a traumatic and disorienting experience. In the moments after impact, you may be in pain, in shock, and unsure of what to do next. However, the actions you take immediately after the car crash can significantly impact your ability to pursue compensation for your injuries and losses.
At The Stewart Law Firm, we know that gathering evidence is one of the most critical steps in protecting your legal rights after an accident. Led by Stephen Stewart, a dedicated advocate with years of trial experience, our team has helped countless clients in Texas hold negligent drivers and insurers accountable.
In this blog, we list down the four critical types of evidence you need to collect after a car accident, as well as additional legal considerations and helpful reminders.
Why Does Evidence Matter After a Crash?
Texas is an at-fault state when it comes to car accidents. This means the driver responsible for causing the accident is liable for damages. To prove liability, you must present compelling evidence to the insurance company or, if necessary, in court.
According to Texas Transportation Code § 601.003, drivers are required to carry liability insurance. However, that doesn’t guarantee insurers will pay out without a fight. Insurers often look for ways to shift blame or downplay the severity of your injuries. Solid evidence is your best defense against these tactics.
1. Photographs
As the saying goes, a picture is worth a thousand words, and that’s especially true after a car crash.
Photos help:
- Establish the position of vehicles
- Show damage patterns
- Document road conditions
- Reveal weather or visibility factors
- Capture injuries and property damage
Take pictures of:
- The overall accident scene
- All involved vehicles and damage
- Skid marks or debris
- License plates
- Traffic signs or signals
- Visible injuries
- Insurance cards (if shared)
Tip: Use your phone’s timestamp feature to validate when the photos were taken.
2. Witness Testimonies
After a crash, you may be confused, dazed, or unable to recall key details. Witnesses can offer a valuable outside perspective, especially if they saw the crash unfold.
Here’s how to handle witness collection:
- Ask any bystanders if they saw the crash.
- Get their full name and phone number.
- Write down or record a short version of what they observed.
- Share this information with your attorney immediately.
Witnesses can confirm speed, signal usage, driver behavior, and more, especially useful if the at-fault driver changes their story.
3. Your Medical Records
Even if you feel “fine” after a crash, you should always seek medical attention. Severe injuries like whiplash, spinal cord injuries, concussions, or internal trauma may not be immediately apparent but can worsen quickly.
Medical records will help you with the following:
- Provide proof of injury
- Document your treatment plan
- Establish a timeline linking injuries to the crash
- Help calculate compensation for medical expenses and pain and suffering
Insurance companies often challenge claims by suggesting your injuries were pre-existing. Medical documentation is key to refuting this argument.
4. The Police Report
Calling 911 is not only crucial for your health, but it also initiates an official investigation into the crash. Law enforcement will document:
- Driver statements
- Road and vehicle conditions
- Potential violations (speeding, DUIs, distracted driving)
- Citations or arrests
This report becomes a neutral third-party account of the crash. Judges and insurers take police reports seriously, especially when the at-fault driver was reckless or under the influence.
Under Texas Transportation Code § 550.026, drivers must report an accident resulting in injury, death, or property damage over $1,000.
Other Evidence You Might Overlook
While the four types above are essential, additional pieces of evidence may also help:
- Dashcam footage (from your car or nearby vehicles)
- Surveillance video (from nearby businesses or traffic cams)
- Phone records (to prove distracted driving)
- Repair invoices (for vehicle damage claims)
- Pay stubs or tax records (to prove lost wages)
If your injuries prevent you from gathering evidence at the scene, don’t worry, our team at The Stewart Law Firm can step in immediately and help you every step of the way. We conduct independent investigations, preserve surveillance footage, secure witness testimony, and gather the documentation needed to build a strong claim on your behalf.
How Evidence Helps Your Car Accident Claim in Texas
The evidence you collect (or that your personal attorney gathers on your behalf) plays a crucial role in:
- Proving liability
- Validating the severity of your injuries
- Justifying compensation for damages
- Protecting against false accusations of fault
In short, it forms the backbone of your case in pursuing compensation.
Contact Our Car Accident Lawyers at The Stewart Law Firm Today
If you or a loved one has been injured in a car accident, don’t wait to start gathering the evidence that will support your claim. The sooner you involve an attorney, the better your chances of building a successful case.
Contact us today to schedule a free consultation. We’re here to protect your rights, hold negligent drivers accountable, and help you recover the compensation you need to move forward.
