Pursuing a successful car accident claim takes a great deal of investigation and negotiation from your attorney. Without key evidence to prove that someone else's negligence caused your crash, the other driver's insurance company may be able to argue against your claim.
There are many important pieces of evidence that your attorney can present to support your claim. For example, if you sought prompt medical attention after a crash and produced documentation of your medical evaluation, it can be difficult for the other driver's insurance company to argue that your injury is exaggerated.
Also, if cellphone records or dashcam footage showed evidence that the other driver was behaving erratically at the time of your crash, the insurance company can't pin the blame on you.
What do tire marks mean?
One key piece of evidence often collected by crash reconstruction experts is tire marks in the road. They're almost always left behind after a crash and can often indicate how a crash occurred.
Here are some examples how:
- Speeding. A crash reconstruction expert can measure the length of skid marks in the road to determine how fast a driver was traveling at the time of a crash. For example, if a speeding driver applied the brakes, but didn't have enough time and distance to stop to avoid a crash, the length of the skid marks can be measured in relation to the amount of damage done.
- Drowsy or impaired driving. Drivers who fall asleep at the wheel or drive while impaired by drugs or alcohol often make no effort to stop to avoid a crash. These crashes can happen at full speed. The driver who causes a crash may not leave any tire marks in the road, but may inflict a great deal of damage to another car.
- Distracted driving. As with drowsy or impaired driving, distract drivers may not make any effort to stop to avoid a crash. When they do, they often have very little time and distance to respond. Shorter skid marks in the road could indicate that an at-fault driver was inattentive.
- Loss of control. When a car spins out of control, it often leaves behind wavy or curvy tire marks in the road. This can happen when a driver spins out, fishtails, has poor traction or is broadsided at an intersection.
How can my attorney use this evidence?
After your attorney tallies up the total damages you are entitled to, the negotiation process will begin. Your attorney will need to reach a settlement deal with the insurance company. In most cases, a deal can be reached without going to trial.
If a settlement can't be reached, your case could go to trial. This evidence (as well as many other pieces of evidence) can be used to support your case in the courtroom.
That's why having the right attorney on your side who can fight for your compensation is important. The legal team at Giampa Law has experience both in negotiating with insurance companies and fighting for fair compensation in the courtroom. We serve clients in the Bronx and throughout New York City. If you were hurt in a crash, contact us and schedule your free legal consultation.