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Updated by Jordan Levine on Aug 27, 2020
Headline for 10 Types of Evidence Lawyers Use to Prove Liability After a Car, Truck or Motorcycle Accident
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10 Types of Evidence Lawyers Use to Prove Liability After a Car, Truck or Motorcycle Accident

Recovering financial compensation after a car, truck or motorcycle evidence requires proof of liability. This proof comes in the form of evidence, which must be gathered both at the scene of the accident and from other sources. Below is a discussion of 10 types of evidence that can be used to establish liability after a serious collision in Colorado.

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Skid Marks

Skid Marks

Skid marks on the road can provide several key pieces of insight into which driver was at fault in a car, truck or motorcycle accident. For example, skid marks can show each vehicle’s speed and direction of travel, when each driver applied their brakes and what happened when the vehicles collided.

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Damage to the Road, Guardrails, Posts and Vegetation

Damage to the Road, Guardrails, Posts and Vegetation

Damage to the road, guardrails, sign and powerline posts, and vegetation can provide additional insight into the cause and severity of a collision. Authorities may work to repair this damage quickly, so it is important to conduct an investigation as soon as possible.

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Damage to Each Vehicle

Damage to Each Vehicle

The damage to each vehicle will indicate the location and severity of the impact, and these are crucial factors for establishing liability and calculating damages. Here, too, it is important to investigate quickly before the damage gets repaired.

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Weather, Traffic and Road Conditions

Weather, Traffic and Road Conditions

Weather is a factor in many accidents in the Denver area, especially during the winter months. Traffic and road conditions can also be important factors for establishing liability in a car, truck or motorcycle accident.

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The Police Report

The Police Report

If a police officer responded to the accident, then the police report could prove to be a key source of information to help establish liability. This is particularly true if the police officer observed something that is no longer available to view during an investigation, or if the officer reported that the other driver was drunk, high or distracted behind the wheel.

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Cell Phone Photos and Video

Cell Phone Photos and Video

Your lawyer will want to view any photos or videos you took with your phone. These pieces of potential evidence could provide clues as to who was liable and what other evidence might be available.

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Witness Testimony

Witness Testimony

Passengers and other witnesses who can testify as to what they observed before, during and after the collision can provide important evidence in support of a claim for financial compensation. Irrefutable evidence from these individuals could make for a quick and successful outcome.

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Expert Testimony

Expert Testimony

In many cases, personal injury lawyers will hire experts to analyze the evidence and provide testimony as to the cause (or causes) of a collision. Accident reconstructionists can use state-of-the-art technology to create computer models that show how accidents occurred and who should be held liable.

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Dash Cam, Traffic Camera and Surveillance Camera Footage

Dash Cam, Traffic Camera and Surveillance Camera Footage

If your accident was caught on camera, your attorney may be able to obtain video footage. The footage may be helpful in conclusively establishing your claim for damages. Such evidence may be contained on outdoor building cameras, traffic cameras and vehicle dash cams (your own or witnesses’).

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Documentary Evidence

Documentary Evidence

If the driver who hit you was talking on the phone or texting, your lawyer may be able to subpoena the phone company to obtain a copy of his or her phone records. If the other driver was working at the time of the accident, your lawyer may be able to subpoena his or her employment records in order to establish employer liability.