If you are injured in a car accident caused by another party, you may be able to recover compensation for your damages. However, the insurance company will not simply hand over payment for the full value of your claim. You must be able to prove your case with substantial evidence.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
At Warhawk Legal, our experienced car accident attorneys in Oklahoma City know how to carefully investigate your accident to identify its causes and liable parties. We take fast action to prevent the destruction or loss of vital evidence and conduct discovery to uncover the proof to build your strongest case.
How Do You Prove Negligence in a Car Accident Case?
Most car accidents are based on negligence. To be successful in a negligence case, you must prove that four elements exist:
- The defendant owed you a duty of care. All drivers owe a duty of care to operate their vehicles safely to avoid harming others.
- The defendant breached their duty by negligent action or inaction. For example, if the defendant driver was distracted and ran a stop sign, crashing into you, they have likely breached their duty of care to you.
- The defendant’s breach of duty caused your accident and damages. It is not enough that the defendant was distracted and ran a stop sign. You must show that their negligence in running the stop sign caused them to crash into you.
- You suffered actual damages due to the defendant’s breach of duty. Damages may be financial, physical, or emotional harm.
These elements of negligence are usually heavily litigated and can be challenging to prove. At Warhawk Legal, we have the experience, resources, and skills to prove each element of negligence and to help you recover every dollar you are owed.
What Evidence Can Be Used in a Car Accident Case?
The type of evidence used depends on the specific facts of your case. Some evidence we may use includes:
- Photographs and video footage were taken from the accident scene.
- Surveillance camera and traffic camera footage.
- Dashcam video.
- Event data recorder information.
- Eyewitness accounts.
- Police reports.
- Cell phone records.
- Proof of lost wages, such as income tax returns and employment records.
- Medical records.
- Testimony and reports from medical and economic experts.
- Accident reconstructionist testimony and reports.
Our OKC personal injury attorneys work hard to uncover evidence and then carefully consider which pieces of evidence to use in your case.
How Do I Get Evidence For My Car Accident Claim?
You may be able to collect valuable evidence from the accident scene. You should take photographs and video footage of the vehicles, their position on the road and to each other, any visible injuries, traffic signs and signals, the condition of the road, and anything else that seems relevant.
You should also collect contact information from any eyewitnesses to your accident and all parties involved.
Retain all bills, receipts, estimates, and invoices related to your injuries and property damage, as they may be used as evidence.
Your Oklahoma City truck accident attorney will conduct discovery, including issuing interrogatories, requests for production of documents, subpoenas, and conducting depositions to uncover additional evidence.
Schedule a Free Consultation With a Car Accident Lawyer From Warhawk Legal
At Warhawk Legal, our car accident attorneys can uncover and gather the essential evidence needed to prove your case and help you recover the full compensation you are entitled to.
Call (405) 294-1243 or visit our contact page and schedule a free consultation to discuss your car accident case.
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Electronic and Digital Evidence in Oklahoma Car Accident Cases
Beyond photographs and police reports, several categories of electronic evidence can be decisive. Event data recorders (“black boxes”) in modern vehicles record speed, braking force, throttle position, and seatbelt status in the seconds before impact — data that is rarely volunteered by the other driver but obtainable via preservation letter or litigation discovery. Traffic management system cameras, toll cameras, and private business surveillance cameras may have captured the crash from angles the police report did not. Cell phone data records establish whether the driver was texting or calling at the time of impact. Navigation app data can show the driver’s speed and route history.
Expert Witnesses Who Strengthen Oklahoma Car Accident Cases
In disputes over how a crash occurred, accident reconstruction experts analyze physical evidence to determine speed, point of impact, and fault. Medical experts establish causation between the crash and specific injuries, rebutting defense arguments about pre-existing conditions. Life care planners project long-term treatment costs in serious injury cases. Vocational rehabilitation experts quantify earning capacity losses. Insurers routinely retain their own experts — which is why the plaintiff’s expert selection matters as much as the evidence itself.
Frequently Asked Questions About Car Accident Evidence in Oklahoma
How do I get the other driver’s black box data? Your attorney sends a spoliation letter immediately after the crash, legally obligating the other party to preserve it. What if surveillance footage has already been overwritten? If you acted quickly and footage was not preserved despite a request, that failure can itself be argued as evidence of consciousness of fault. Does social media evidence matter? Yes — both ways. Insurers monitor claimants’ accounts for posts suggesting the injury is less serious than claimed. Avoid posting about the crash or your recovery.
If you or a loved one has been injured, contact our experienced Oklahoma City car accident attorney at Warhawk Legal. We offer free consultations and only get paid when you win.