How to Protect Vital Evidence for Your Georgia Car Accident Claim
Key Points:
- The earlier you obtain and properly preserve evidence afterlowing a car accident in Georgia, the easier it may be to establish fault and claim damages.
- A successful claim for a car accident in Georgia often has good photos, videos, statements from witnesses, police reports, and medical records.
- Evidence such as surveillance footage and vehicle data could vanish within a few days if action is not taken to preserve it.
- It is common for auto insurance companies to seek evidence in order to challenge a claim and lower the amount of compensation, which is why it is important to collect evidence early in order to secure your right to compensation.
If you were recently injured in a car accident, it’s critical that you or a car accident attorney who represents you spends the time to collect and preserve the evidence from the accident. The evidence collected in the hours and days following a car accident in Georgia could have a significant effect on your claim; photos, videos, statements from witnesses, police reports, and medical records can all be used to determine who was at fault and to claim damages.
Which Evidence Is Most Important After a Car Accident in Georgia?
In Georgia, you and your car accident attorney usually must prove the other driver was negligent; that is, you must show the driver did not use reasonable care and that this failure caused your injuries. To do that you need evidence. Without evidence, the auto insurance company or the legal system will struggle to believe your side of the story.
Evidence commonly used to establish fault and damages includes:
- The Georgia Uniform Motor Vehicle Accident Report (police report)
- Photos of vehicle positions, skid marks, debris, and traffic signals
- Dash cam, surveillance, and traffic camera video
- Independent witness statements
- 911 audio and CAD dispatch records
- Cell phone records (for distracted driving cases)
- Vehicle event data recorder (EDR) or “black box” data
- Medical records documenting the extent of injuries
- Documentation of lost income, work restrictions, and future medical care needs
Important evidence may be lost if surveillance footage is overwritten, if witnesses cannot be found, or if the vehicle is repaired before the data from the black box has been downloaded. Even though the courts in Georgia are able to punish parties who destroy evidence, such remedies do not apply in the case of a third party, for example a gas station or other businesses, who overwrite the evidence. Local businesses rarely keep or preserve video surveillance footage after 48 – 72 hours, unless contacted.
Good organization and careful documentation of the evidence can establish liability and support a claim for compensation.
What Photographs Should You Take Following a Car Accident?
If you are physically able and it is safe to do so, take photos of:
- All vehicles from multiple angles
- License plates and the other vehicle’s VIN
- Damage to all vehicles involved
- The intersection, traffic signals, stop signs, and lane markings
- Skid marks, debris, and final vehicle resting positions
- Weather, lighting, and road conditions
- Visible injuries, including bruising, cuts, and seat belt marks
- The other driver’s insurance information and driver’s license
Photos can reveal more than damage to a vehicle; they can also show skid marks and debris, which indicate how the accident happened. Because this evidence can disappear quickly after vehicles are moved and the scene is cleared, record it as soon as possible.
Moreover, certain injuries become more noticeable in the days after the accident, such as bruising, swelling, road rash, and seat belt marks. Take photographs right after the collision and again during recovery to show these injuries occurred, even if the body heals naturally with time.
Should You Take Video at the Accident Scene?
It is recommended, but it’s not always possible. Your highest priority is your recovery and safety. Video footage can capture details that may not be apparent in photos, including:
- The position of the vehicles before they are moved
- Traffic signal cycles
- Statements from the other driver
- The general flow of traffic and sight lines
When recording, you should include details such as the date, the location, and what is being shown.
Can Footage from a Dash Camera be Used to Establish Fault?
Dash-cam footage is among the most convincing evidence in a car accident case since it can show speed, lane position, traffic signals, and the collision something that a witness cannot.
Because many dash cams operate on a loop and erase older recordings, you need to save the recording as quickly as possible. This applies to footage from your car, a passenger’s car, or that of another driver who was present when the collision occurred.
Can Traffic Cameras or Businesses in the Vicinity Capture the Car Accident?
In many cases, cameras may have recorded the collision, including footage from:
- Gas stations and fast food drive-thrus near the intersection
- Bank ATMs facing the street
- Retail stores with cameras facing the roadway
- Residential doorbell cameras, such as Ring or Nest cameras
- School, government, and municipal security cameras
- City and county traffic management cameras
Many businesses keep only the footage for a short period of time, from a few days to a few weeks; it is therefore necessary to spot potential cameras and ask that the footage be preserved as soon as possible.
How Do Car Accident Lawyers Preserve Video Evidence?
The quickest way to preserve video evidence is to send a written preservation request, sometimes called a spoliation letter, to every business and organization that might have the footage. A preservation request should:
- Identify the date, time, and location of the collision
- Request preservation of video footage for a specific period of time
- Warn that the destruction of evidence may have legal consequences
- Provide your contact information for follow-up
How Important is the Police Report in making a Claim after an Accident?
The Georgia Uniform Motor Vehicle Accident Report is often very important when making a car accident claim. Insurance adjusters generally read the report before looking at any other evidence. The report contains:
- A diagram of how the collision happened
- The officer’s narrative
- Driver and witness statements
- Any citations issued
- Weather and road conditions
- Witness names and contact information
You can then use this information to support a claim if the officer gives the other driver a citation.
What if the police report is incorrect?
Police reports do not always accurately reflect the situation – and they are serve a critial purpose in a car accident claim. Since officers usually arrive after a car accident, they must rely on statements from the people present. Whenever there are factual errors in the report, you can:
- Contact the investigating officer and request a supplemental report
- Submit a written correction with supporting evidence, such as photos, video, or witness statements
- Provide other evidence that contradicts the report
Even if the police report is inaccurate, you may still be able to recover, but it is better to address errors as early as possible.
Can 911 calls, body-cam footage, and dispatch records be used to support a claim?
Yes, recordings from 911, bodycams, dashcams, and computer-aided dispatch (CAD) records can offer valuable evidence. They might record what drivers and witnesses have said, any visible injuries, and when the emergency calls were made.
Georgia 911 calls are usually obtained via the local emergency communications center. Request the footage as soon as possible, as agencies often overwrite it over time.
Why Eyewitnesses Can Strengthen Your Claim
A person who has no personal stake in the result of the case may still be important in a claim for damages after a car accident.
If a witness stops at the scene, try to obtain their:
- Full name
- Phone number
- Email address
- Home and work address, if they’ll give it
- A short summary of what they saw
You could also ask the witness if they would give a written statement about what they saw, provided that they are willing to do so.
Passengers can also provide useful information about how the collision took place, even though they may be less objective than an outside witness.
What if the Witnesses Leave before the Police Have Arrived?
It is possible for witnesses to leave the scene before the police have arrived. If you can move about, try to get contact details from anyone who saw the accident before they leave.
If you can’t do that, ask the police whether any witnesses gave their contact details. In some cases, nearby surveillance footage may help identify witnesses who left the scene, for example by showing their license plate.
What Is Black Box Data After A Car Accident?
Most of the vehicles made in recent years are fitted with an event data recorder (EDR), it being commonly known as a black box.
In the moments before a collision, an EDR can record:
- Vehicle speed
- Brake application
- Throttle position
- Steering angle
- Seat belt status
- Airbag deployment timing
- Engine RPM
EDR data can help determine how a collision occurred and assess the statements given by the drivers involved. Skilled technicians usually are the ones assigned to download it, and because the data may be lost if the vehicle is repaired, written off, or scrapped, it is important to save this evidence as quickly as possible.
Why is Medical Treatment Important Following a Car Accident?
It is important for your health and for your claim to have medical treatment. Certain injuries, such as concussions, internal bleeding, and injuries to the spine, can get worse as time goes on, and if you delay getting treatment the insurance company might say that the injuries had not been serious.
Medical evidence commonly used in car accident claims includes:
- Emergency room and ambulance records
- Diagnostic imaging, such as X-rays, CT scans, and MRIs
- Surgical records
- Physical therapy records
- Permanent impairment ratings
- Future medical treatment recommendations and cost projections
Can Interruptions in Medical Treatment have an Effect on a Claim?
Yes, a gap in treatment refers to a period of time when an individual who has been injured does not get medical care for injuries resulting from an accident.
When assessing a claim insurance companies might take treatment gaps into account; it is useful to explain the reason if you are unable to go to medical appointments because of child care, transport or work problems and to reschedule as soon as you can.
Can Medical Evidence Be Used to Obtain Pain and Suffering Compensation?
In addition to medical records, other evidence may help document the full impact of an injury, including:
- A recovery journal describing daily pain levels and missed activities
- Photos of injuries, scars, and assistive devices
- Statements from family members and coworkers describing changes in daily activities
- Mental health treatment records related to the accident
How Insurance Companies Dispute Evidence After a Georgia Car Accident
When insurance companies are assessing a claim they look at the same kind of evidence that was used to support it, such as police reports, photographs, medical records, and recorded statements. The insurance company of the driver who is at fault might ask for a recorded statement; if you do give one, don’t make guesses or give any information about things you can’t remember.
The evidence might contain inconsistencies, and these could influence the decision on liability and the amount of damages.
Can Social Media Affect a Car Accident Claim?
Insurance companies often review online posts, photos, and comments when assessing a claim. Because of this, care should be taken when using social media while a claim is under consideration. We often advise clients to never ever post about their car accident.
Example: Adrian’s Story
The scenario described below is entirely imaginary and has been included solely for educational purposes.
While Adrian was driving east on Buford Highway in DeKalb County, another driver ran a red light and crashed into his car. After the collision, Adrian called 911, took photographs of the vehicles and the intersection, and got the contact details of a witness who saw the accident.
The authorities go to the scene and prepare a police report. Adrian is taken to the emergency room and later carries out the recommended medical treatment.
Several weeks later the other driver’s insurance company challenge the idea of liability. Yet the way the collision took place is proven by surveillance footage from a nearby gas station, statements from witnesses, some photos, the EDR data, the police report, and the medical records.
Adrian is able to back his claim and get compensation for his damages by keeping evidence at an early stage and recording his injuries.
What ought you to do after a car accident if you want to keep evidence?
Evidence gathered and kept in the first hours and days after a car accident are crucial in determining who is at fault and assessing damages.
If you want to preserve evidence, then you should take photographs of the accident scene, gather the contact details of any witnesses, get a copy of the police report, obtain medical treatment as soon as possible, and send a letter for the purpose of preserving video evidence.
In certain situations legal advice can be useful; for example, when there are serious injuries, when there is a disputed question of liability, when the driver is uninsured or underinsured, and in cases involving commercial vehicles or rideshare vehicles.
A lawyer could help with keeping evidence, identifying the insurance coverage, and assessing the possible claims.
A police report, the photographs of the scene, the video footage, the contact details of the witnesses, and the medical records are the most important types of evidence; together they can show how the car accident took place and the severity of any injuries.
Yes, since many claims following car accidents are backed up by photographs, statements from witnesses, police reports, and medical records, video evidence, although it may be useful, is not necessary.
The length of time for which documents are kept depends on the business, and it is typically a matter of days or weeks, which is why it is essential to send a written preservation letter as soon as possible.
You have the option of asking for a supplementary report and requesting that law enforcement supply photos, video footage, and witness statements which contradict the report. Even if the report is inaccurate, recovery is still possible, but any mistakes in the report should be dealt with promptly.
Yes. Social media can impact your car accident claim. Insurance companies and lawyers often look at your posts, photos, and comments. They may use what you share online to challenge your version of events or question your injuries. Even if your posts seem unrelated, they could still affect your claim. It is wise to be careful about what you share online during your case.
It’s possible that insurance companies will look at your publicly available social media posts when they are assessing a claim, so care should be taken when posting on social media while a claim is under consideration.
In Georgia people generally have two years from the date of the injury within which to bring a personal injury claim under O.C.G.A. § 9-3-33; if that time limit is missed recovery will not be possible even if your evidence is very strong.
Georgia has notification requirements for claims involving unidentified drivers as set out in O.C.G.A. § 33-7-11(c) and O.C.G.A. § 40-6-273. You should quickly report the car accident to the authorities if you want to maintain a claim involving an unidentified driver.
Myths and Facts About Georgia Car Accident Evidence
Myth one: “The police report is the only evidence that has any importance.”
The police report is important as evidence, but it is by no means the only evidence taken into account in a claim for a car accident. Other evidence such as video footage, witness statements, medical records, photographs, and data from the black box can also be used to establish liability and damages.
Myth 2: You can’t make a claim if there is no video evidence.
It’s true that video footage can be useful, but a great many of the claims are backed up by photographs, statements from witnesses, the police report, the extent of the vehicle damage, and the medical records.
Myth 3: Insurance companies keep evidence automatically.
It is not certain that this will happen; the insurance companies might carry out their own investigation into the car accident. But in some cases important evidence, for example video footage, can be lost or have been overwritten if steps are not taken to keep it. Making preservation requests could help in preserving that evidence.
Myth 4: You need to wait for weeks before gathering evidence.
It is true that important evidence could be lost if it is not collected right away, since surveillance footage can be erased, witnesses may forget the details, and the evidence at the site of the car accident can vanish.
Myth 5: “Photos from your phone are not useful evidence.”
Fact: Cell phone photos provide important evidence in car accident claims. They are timestamped, location-tagged, and can be authenticated in court under O.C.G.A. § 24-9-901.
