The crux of any car accident case centers around the strength of available evidence. The strongest evidence is that which shows the sequence of events, piecing together what happened. When two vehicles collide, and one vehicle is traveling at least 30 miles per hour, this is considered a high-impact crash. Given the force involved, there is a high probability of serious injuries and extensive property damage. Of course, this danger is intensified when a vehicle collides with a larger vehicle. At Shollenberger Januzzi & Wolfe, LLP, our Harrisburg car accident lawyers have experience representing victims of high-impact collisions with successful outcomes.
Police Reports
Any Harrisburg motor vehicle accident that results in injuries, fatalities, or a vehicle being towed from the scene must be reported to law enforcement. The police officer who responds to the scene will issue a written report, which will include the following:
- The names of both drivers and their contact information
- Make/model/year of each vehicle involved, VIN numbers, and license plate numbers
- Weather and road conditions at the time of the incident
- A description of the chain of events causing the crash
- Who the officer believes is at fault
Although the police report provides crucial information, it is an organized investigation report, and the police report cannot typically be submitted as evidence at trial since the officer did not witness the crash first-hand. Even so, the police report can be beneficial in reaching a favorable insurance settlement. However, the police officer can testify in court to what they saw at the accident scene.
Photographs and/or Videos
The more visual information that can be supplied, the better a jury can understand what unfolded. Following the accident, if it is safe to do so, you should take pictures of the accident scene. This may include your injuries, any nearby cross-streets or intersections (to confirm the location of the crash), skid marks, vehicle wreckage, and the final resting position of both vehicles. Take as many pictures as possible, from various angles, with and without flash.
While photos can clarify any missing information, video footage will show the accident occurring in real-time. Video evidence may be obtained from nearby businesses that have surveillance cameras, although you will likely have to send the business a spoliation letter. A spoliation letter is a formal notice asking the party to preserve evidence. Under Pennsylvania law, sanctions may apply if there is evidence that the other party intentionally destroyed or altered evidence or acted in bad faith.
Black Box Data
Most newer vehicle models are equipped with an event data recorder (EDR), known as a “black box.” An EDR is often triggered by a sudden deceleration, causing the “black box” to record seconds before the crash, during, and after the impact. An EDR records vehicle speed, if the driver was applying the gas, when the brake is engaged, the force of impact, and if the airbag deployed. EDR data is often used by experts to reconstruct accidents.
Witness Statements
Eyewitness testimony allows a jury to understand a high-impact collision from a human perspective. Besides describing what they saw and heard, a witness can describe the mood at the scene immediately following the crash. While witness testimony can certainly sway an indecisive jury, our legal team knows that it is equally important to establish a witness’s credibility. This entails demonstrating the witness’s integrity, competency, and lack of bias. An eyewitness should support your claim by backing up other types of evidence, never delivering conflicting or confusing testimony.
Discovery and Preparation for Trial
When seeking representation, it can be challenging to know who you can trust to adhere to filing deadlines and legal protocols. Obtaining relevant evidence can be difficult, especially if you don’t know where to look or how to obtain it.
The formal process of both parties exchanging information prior to trial is known as discovery. Pennsylvania law sets strict deadlines and requirements for pretrial discovery. This can take several forms, including:
- Interrogatories: Written set of questions sent to the opposing party asking them to answer questions under oath
- Depositions: Sworn oral testimony
- Requests for admission: Written statement sent to the adverse party asking them to admit/deny certain facts under oath
- Requests for production: Written requests sent by an opposing party demanding that the other party submit electronically stored information and other relevant documents
Reach Out to Our Harrisburg Car Accident Lawyers Today
Understanding what information will work to your advantage in a car accident can be tricky. Thankfully, our Harrisburg car accident attorneys know the best approach to obtaining certain information in preparation for trial. If you or a family member has fallen victim to a high-impact crash, our Harrisburg car accident attorneys would like to hear from you. To schedule your free consultation, contact Shollenberger Januzzi & Wolfe, LLP, online or by calling (717) 229-6580.