Motor Vehicle Accidents: What Evidence Is Crucial for Proving Fault?
After a motor vehicle accident, the outcome of a claim often hinges on the strength of the evidence. Proving who was at fault is essential for recovering damages, but insurance companies rarely make that process easy. Clear and well-documented evidence can make the difference between a fair settlement and a denied claim.
At Smid Law, we’ve spent years helping clients understand the legal aftermath of crashes. Our experienced attorney knows how critical evidence is for proving fault under Indiana law. We work diligently to gather the information needed to build strong cases on behalf of injured individuals and their families. If you've been involved in a motor vehicle accident in Fishers, Carmel, Noblesville, Zionsville, and the surrounding areas of Indiana, including Hamilton County and Marion County, call our firm today.
Why Evidence Matters in Indiana Accident Claims
Indiana uses a modified comparative fault system, in which each party in a collision is assigned a percentage of fault. Those over 50% at fault can’t recover damages, while those under 50% have their compensation reduced by their fault percentage.
Fault impacts both liability and compensation, making evidence essential. Police reports, photos, witness statements, and documentation clarify events. Without solid proof, insurers may unfairly assign you more blame, reducing or denying your claim.
Police Reports and Official Documentation
One of the most important pieces of evidence motor vehicle accident attorneys will collect is the police report. Officers typically document accident details, interview witnesses, and sometimes offer an initial assessment of fault.
While a police report isn’t the final word on liability, it provides a valuable starting point. Insurance adjusters and courts often rely on these reports to understand the circumstances of a crash. We advise clients to request copies of the report as soon as they’re available.
Additional documentation, such as traffic citations issued at the scene, can also strengthen a claim. If the other driver was cited for speeding, running a red light, or failing to yield, that information can support your case.
Photographic and Video Evidence
Photos and videos taken at the scene are some of the most persuasive forms of evidence. They capture details that may fade quickly, such as skid marks, vehicle positions, road conditions, and weather conditions. Key photos to capture include:
Vehicle damage: Helps establish the force and direction of impact.
Scene context: Shows traffic signals, signage, and the layout of the roadway.
Road conditions: Document hazards such as debris, ice, or poor lighting.
Injuries: Provides immediate visual evidence of harm sustained.
Dashcam footage, security camera footage, and surveillance from nearby businesses can also provide clear views of the collision. As motor vehicle accident attorneys, we act quickly to preserve this evidence before it’s lost or overwritten.
Witness Statements and Testimony
Eyewitnesses often provide critical context that neither driver can offer. Neutral third-party witnesses may describe how the collision occurred, whether someone ran a light, or if one driver appeared distracted. We encourage clients to collect contact information for anyone who saw the crash. Witness statements taken soon after an accident are often more accurate and compelling than those gathered later. In some cases, expert witnesses—such as accident reconstruction specialists—may also testify to support claims.
Vehicle Data and Black Box Evidence
Many modern vehicles are equipped with event data recorders, often called “black boxes.” These devices capture valuable information, such as:
Vehicle speed: Determines whether a driver was exceeding the limit.
Brake application: Shows when and how forcefully brakes were used.
Steering input: Indicates whether the driver attempted evasive action.
Seatbelt usage: Demonstrates compliance with safety laws.
Airbag deployment: Provides insight into impact severity.
This data can help establish fault objectively, especially when drivers provide conflicting accounts. Edward Smid and our firm frequently work with experts to interpret black box information and incorporate it into legal claims.
Medical Records and Documentation of Injuries
Medical records play a dual role: they document the extent of injuries and link them to the accident. Prompt medical evaluation after a crash is essential, even if injuries appear minor at first. Delays in treatment can give insurers an excuse to argue that injuries are unrelated or exaggerated. We advise clients to keep detailed records of all medical visits, treatments, prescriptions, and rehabilitation efforts. These records help establish both causation and damages.
Social Media and Digital Evidence
In today’s digital age, social media posts can influence legal claims. Photos, status updates, and location tags can either support or undermine a case. For example, a driver who posts about speeding before a crash or brags about risky behavior may inadvertently admit fault. Conversely, a lack of reckless behavior on your accounts may support your claim. We caution clients to avoid posting about their accidents or injuries online, as insurance companies routinely monitor social media.
Accident Reconstruction Analysis
In more complicated cases, accident reconstruction experts can provide invaluable insight. These professionals use physical evidence, vehicle data, and engineering principles to recreate the accident. Their reports and testimony can clarify disputed facts and help juries understand technical details.
Accident reconstruction is beneficial in multi-vehicle collisions or cases where liability is contested. As motor vehicle accident attorneys, we work with qualified experts to strengthen claims and counter opposing arguments.
Preservation of Evidence
Time is often the enemy of evidence. Vehicles are repaired, skid marks fade, witnesses move, and electronic data is overwritten. Acting quickly to preserve evidence can be the difference between a strong case and a weak one.
We send preservation letters to relevant parties, request copies of surveillance footage, and document accident scenes thoroughly. Our proactive approach makes sure that key information isn’t lost before a claim is filed.
How Fault Is Determined in Indiana
Indiana law requires a thorough examination of all available evidence to determine fault. Investigators, insurance adjusters, and sometimes juries consider each driver's actions leading up to the crash. Factors include traffic law violations, speed, road conditions, and driver behavior. Comparative fault means that even if you share some responsibility, you may still recover damages if your percentage of fault is below 51%. Strong evidence makes sure that any shared fault is assigned accurately and fairly.
Common Challenges with Evidence
Despite best efforts, gathering evidence isn’t always easy. Challenges can include:
Disputed accounts: Drivers often have conflicting versions of events.
Missing witnesses: People may leave the scene before providing statements.
Deleted footage: Security videos may be overwritten within days.
Vehicle disposal: Totaled cars may be destroyed before data is extracted.
Medical disputes: Insurers may argue that injuries predated the crash.
These challenges highlight why legal representation is so important. We know how to overcome evidentiary obstacles and protect clients’ rights.
Building a strong claim requires legal skill, investigative resources, and attention to detail. As experienced motor vehicle accident attorneys, we manage every aspect of evidence collection and analysis. Edward Smid leads our efforts to make sure no detail is overlooked and that our clients’ cases are supported by clear, compelling proof.
Our attorneys communicate with insurance companies, coordinate with experts, and prepare for litigation when necessary. Our goal is to give clients the best possible chance at a fair outcome.
Contact Us Today
At Smid Law, we help injured individuals and families in Indianapolis, Fishers, Carmel, Noblesville, Zionsville, and throughout Hamilton County and Marion County, Indiana, gather the evidence needed to prove fault after serious collisions. As dedicated motor vehicle accident attorneys, we understand how important clear, well-documented evidence is to achieving justice. We're ready to stand by your side every step of the way. Contact us today to get started.