One of the first things a police officer will do when they arrive at the scene of a motor vehicle collision is to ask the people involved about what happened. They may also take photographs of the scene to assist them in a recreation of the crash later.
The goal is to help the officer reach a reasonable conclusion about who is at fault for the wreck. Sometimes, the person who ran a red light with their phone in their hand or who threw away what you think was a soda bottle full of liquor after a crash will try to lie about how they contributed to the wreck.
What kinds of evidence can help you prove who was truly responsible for the crash?
Camera footage and photographs
By the time a police officer arrives at the scene of the wreck, you and the other driver may have already moved your vehicles to allow traffic to move past your disabled vehicles. If you know you will need to move the vehicle before the police arrive, you can use your phone to capture video footage and take pictures of the scene of the crash.
Traffic cameras, dashboard cameras and even security cameras at nearby homes and businesses may have caught the moment right before, during or immediately after the collision.
Phone usage records
You may feel like you have no chance of conclusively proving that the other driver had their phone in their hands at the time of the wreck if there are no cameras nearby.
However, even if someone deletes a text message or removes an app from their phone, data usage records from their phone provider or the app company can show that they just sent a text message even if they deleted the message from their personal device. The police and the courts can potentially request phone records to verify who was at fault for a wreck.
Often, there may be other people nearby who witnessed the crash. These individuals can stay to speak to the police or can provide their contact information so that they can help prove that you are not the one at fault for the wreck. Witness statements are less conclusive evidence than video footage or phone records, but they can help if there is nothing else to help definitively prove that the other driver was at fault.
Gathering the right evidence will make it easier for you to file an insurance claim or lawsuit after a motor vehicle collision.