By Elizabeth Weiss
The use of smartphones
while driving is, as you might suspect, a bad thing, but they can actually come in handy after an
auto accident. If you’re well enough after your fender bender to walk around,
there are dos and don’ts of gathering auto accident evidence with a smartphone.
Do take
pictures
Photographic evidence is
critical. Document the scene by taking photos of as much as possible,
including:
Long shots and close-ups
of damage to all vehicles involved in the accident, especially your own.
The surrounding area,
especially brake marks (or lack thereof), related debris and where it is in
relation to all involved vehicles, and the location where your car ended up
after the accident.
The interior of your
car, especially if the air bags deployed or there was broken glass or any other
damage.
The license plates
and/or VIN identification of all cars involved.
The insurance
information of the other person(s) involved in the accident.
Weather conditions (so
someone can’t claim the sun was in their eyes if it was a cloudy day).
Before you start
snapping away, confirm that location services is activated on your smartphone.
“Any photos you take will be stamped with geolocation data and will be easier
to authenticate,” says Jeff Kerr, litigator and CEO/founder of CaseFleet case management
software.
Don’t say
much
“Don’t talk during
recordings other than to ask questions,” says Kerr. “Almost every recording a
client ever gave me was ruined because the client could not resist the urge to
narrate everything. This is almost always a bad idea.”
And, most personal
injury attorneys would advise their clients to avoid speaking—especially on
smartphone video—to anyone at the scene of the accident other than the police
and their lawyer. “Don’t speak to the other driver about the circumstances
surrounding the accident. There are plenty of people out there that are not the
most scrupulous or honest and they’ll say, ‘You said that it was your fault.
You told me you were sorry,’” says Marc Lamber, attorney with Lamber Goodnow. “Don’t speak with the other driver beyond exchanging
information about name, address, insurance information.”
Do take
notes
“It is helpful to write
down your version of how the accident happened as soon as possible after an
accident to preserve your personal recollection of the details,” advises David C. Femminineo, a personal injury lawyer with Femminineo Attorneys in Mt. Clemens,
Michigan. Record yourself describing the event, type up notes about the
accident, or email a version of the event to yourself so it is marked with a
time stamp.
And don’t forget to document
any bodily damage you may have incurred. “If you’re injured and the injury is
visible, take photographs of yourself,” says Lamber. Or have someone take
photos of your injuries or videotape you from head to toe. “As the injury heals
or changes, it’s a good idea to continue to photograph it,” Lamber notes. A
smartphone makes this after-the-fact documentation simple.
It is also a good idea
to type out the contact information of the other people who were involved in
the accident. You aren’t likely to remember everything they tell you, and
handwriting can be difficult to read, especially when people are shaky after a
crash.
Don’t be
antagonistic
You may know without a
doubt that the other driver was in the wrong, but attempting to get them to
admit that on camera at the scene of the crash isn’t advisable. “You should
never directly film the person who you were involved in the incident with,
unless they are trying to escape without acknowledging the accident,” says Sam Williamson, an accident compensation attorney in Scotland.
“Pointing your smartphone in someone’s face could provoke aggression, which
could complicate your claim and affect your chances of winning your claim.”
Do seek
out witnesses
As you gather evidence,
be sure to look for eyewitnesses who can offer their account of the auto
accident. Ask the witnesses if they are agreeable to being recorded (they might
prefer audio only to a video recording, so be sure to comply with their
preference). Make sure they say their names and provide their contact
information while you are recording, in case they need to be called upon in the
future. “It is important to secure the identity of witnesses or people involved
in the accident so the info is available for your attorney,” says Femminineo.
Do
remember the goal
Documenting the scene of
an auto accident is important so that you have photographic and video evidence,
which can be helpful when it comes to accident reconstruction, insurance
purposes, and potential auto accident lawsuits. While gathering evidence, be as
thorough as possible, but also be discreet and polite, so that no one can
question your intentions, and no one blames you for impeding a police
investigation or acting inappropriately after an accident.
One last thing: you
might consider engaging the services
of an attorney soon after the accident. An attorney can take care of
things so you don’t have to, like dealing with the insurance company on your
behalf and being present when you give a statement about the accident.
Depending on the severity of the accident and your particular situation,
getting representation sooner rather than later could be critical.
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