There is no such thing as a “good” car accident. However, in the best-case scenario the cause of your accident is clear, and it wasn’t your fault. That will make the process of locking down your insurance claim go much more smoothly. It will help if you have witnesses that can verify what happened.
But…what if there are no witnesses to your accident?
There are ways to fortify your claim, and that begins with seeking advice from an experienced Lanham car accident attorney. A skilled lawyer will be able to help you gather the necessary evidence you need to clearly establish what happened and who was at fault.
Essential Evidence to Gather at the Accident Scene
The first vital evidence that you need to gather to prove your claim will be collected at the actual accident scene. In the immediate aftermath of an accident, you’ll be in a bit of shock. That’s true for any accident, even a minor fender bender. After you’ve had a moment to assess whether there are any injuries, you should do the following:
- Driver and Vehicle Details: You need to get the driver’s full name and contact information. If they give you a phone number, text them right there to confirm the number is legitimate. You also need to get their driver’s license number, auto insurance company, policy number, and license plate.
- Scene Photos and Videos: You need to take pictures and videos of all vehicles from multiple angles. Be sure to include photos of the vehicle license plates, property damage, and the surrounding environment. You also want to document any road debris, skid marks, along with the weather or lighting conditions.
- Official Documentation: If you called the police and they responded, be sure you get the responding officer’s name, badge number, and the official police report number.
The more evidence you can gather outside of any witness statement, the strong position you’ll be in to defend your version of what happened.
Utilizing Technology and Digital Evidence for Your Claim
In addition to your videos and photos, there could also be digital evidence that can fortify your claim.
Event Data Recorders (EDRs): Many modern vehicles are equipped with a “black box” that records vehicle speed, braking patterns, steering inputs, throttle usage, and airbag deployment in the seconds leading up to a crash. That is especially true with commercial vehicles. That data can demonstrate the other driver’s actions.
Video Footage: Dashcam video provides irrefutable proof of how the accident unfolded. There could also be additional footage of the accident from surrounding traffic lights and surveillance footage from residential doorbell security cameras. That might not be easy for you to obtain, but it is certainly something that your attorney can help obtain.
It’s vital to seek out any surveillance footage as quickly as possible before it is erased.
How Maryland Contributory Negligence Affects Your Case
The harsh reality of getting involved in a car accident in Maryland is that it is an “all or nothing” proposition for everyone involved. Maryland enforces a strict contributory negligence doctrine. That means if you are determined to be even just 1% at fault for an accident you are barred from recovering from any financial compensation in a personal injury lawsuit.
However, your insurance should still cover damages, but only up to the limits of your liability coverage. In Maryland, every driver is required to carry the following insurance minimums:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $15,000 for property damage
You are also required to carry uninsured motorist coverage.
All of this means that if you file a civil complaint, the other driver’s insurance company will attempt to use any evidence against you. That is why you want to make sure your evidence clearly establishes who is at fault.
Legal Strategies for Building a Strong Personal Injury Case
When there are no eyewitnesses to support what happened in your car accident, you can still pursue a claim. It will help if you can enlist an experienced team of investigators and an attorney who understand how to collect the right evidence. The attorneys at GDH Law have helped many Maryland residents who have been the unfortunate victims of reckless driver’s actions.
We understand that insurance companies work hard to find reasons to question liability, especially with the state’s contributory negligence policy. We can identify the strongest evidence that will counter the insurance carrier’s arguments.
Our goal is to help our clients present a clear narrative that shows exactly how the accident occurred.
At GDH Law Firm, we understand that the absence of eyewitnesses does not prevent you from pursuing compensation. If you were hurt in a crash, contact our Lanham car accident lawyers today for a free consultation.
We can discuss how to build a strong claim with the available evidence and help you pursue the compensation you deserve.