Written by Maurice Davis
When you’ve been hurt in a car crash in Detroit, you need financial support to deal with medical bills and your damaged vehicle. You could pursue a personal injury claim if your accident meets Michigan’s serious injury threshold, but you’ll need to do more than file paperwork. Your claim needs evidence to prove the negligent party’s actions caused your damages and that they should be held responsible.
Whether you’re dealing with injuries from a rear-end crash, a distracted driving incident, or a DUI crash, the evidence you collect can make or break your claim. A Detroit car accident lawyer can help you gather, preserve, and present this evidence effectively. Call for a consultation to discuss your case and learn how an experienced attorney can protect your rights.
Why Evidence Matters in Michigan Car Accident Claims
Evidence serves as the foundation of any car crash claim. In Michigan, the no-fault insurance system means you’ll typically file a claim with your own insurance company for Personal Injury Protection (PIP) benefits. This claim covers medical expenses and lost wages regardless of who caused the accident. However, if your injuries meet Michigan’s serious injury threshold, you may also pursue a claim against the at-fault driver for pain, suffering, and other damages.
The evidence you need falls into several categories:
- Proof of the accident itself
- Documentation of your injuries
- Records of financial losses
- And material that establishes fault.
Each piece works together to tell the complete story of your crash and its consequences.
Types of Evidence That Strengthen Your Claim
Different forms of evidence serve different purposes in your claim.
- Photos and video capture the immediate aftermath of the collision, showing vehicle damage, road conditions, and the accident scene.
- Medical reports document your injuries and treatment.
- Police reports provide an official account of the incident.
- Pay stubs and employment records prove lost income.
- Witness statements offer independent verification of what happened.
How to Collect Evidence at the Accident Scene
The moments immediately following a crash are critical for evidence collection. If you’re physically able and it’s safe to do so, use your phone to take extensive photos of the accident scene. Capture images of all vehicles involved from multiple angles, showing the extent of damage. Photograph skid marks, debris, traffic signals, road signs, and weather conditions. These visual records preserve details that might otherwise be forgotten or disputed.
Video evidence can be even more powerful than still photos. If dashcam footage exists, whether from your vehicle, the other driver’s car, or nearby vehicles, this can provide irrefutable proof of how the collision occurred. Many businesses and residences in Detroit have security cameras that may have captured your accident. Note the locations of any cameras you see and report them to your attorney, who can request footage before it’s deleted.
Exchange information with all parties involved, including names, phone numbers, insurance details, and license plate numbers. If there are witnesses, politely ask for their contact information and a brief statement about what they observed. Witnesses who saw a driver texting before a distracted driving crash or noticed erratic behavior suggesting a DUI crash can provide crucial testimony.
Should I Request a Police Report after a Car Accident?
Always call the police after a car accident, even if the crash seems minor. The responding officer will create a police report that documents the date, time, location, and circumstances of the collision. This report often includes the officer’s assessment of fault, citations issued, and statements from drivers and witnesses. While the police report alone doesn’t determine liability, it carries significant weight with insurance companies and can become a key piece of evidence if your claim goes to court.
Request a copy of the police report as soon as it becomes available. Review it carefully for accuracy. Errors in the report can complicate your claim and should be addressed promptly with your lawyer.
Davis Injury Lawyers, PLLC Can Help You Collect Evidence
While you can collect some evidence yourself, hiring an experienced lawyer has significant advantages. Attorneys have resources to obtain evidence you cannot access on your own, such as subpoenaing surveillance footage, hiring accident reconstruction experts, and securing testimony from medical specialists.
We know what evidence can support your claim, and we’ll make sure we can secure it to give you the best chance at recovering after a car accident.
How to Document Your Injuries and Medical Treatment
Medical documentation forms the core of your injury claim. Seek medical attention immediately after the crash, even if you don’t think you’re seriously hurt. Some injuries, particularly soft tissue damage common in rear-end crashes, may not present symptoms right away. Delaying treatment creates gaps in your medical records that insurance companies will exploit to argue your injuries weren’t serious or weren’t caused by the accident.
Your medical report should detail:
- All injuries diagnosed
- Treatments prescribed
- And the prognosis for recovery.
Keep copies of:
- Emergency room records
- Diagnostic test results
- Prescription receipts
- Physical therapy notes
- And bills from all healthcare providers.
If your injuries require ongoing treatment, maintain meticulous records of each appointment and how your condition progresses over time.
Michigan’s Serious Injury Threshold
For claims involving pain and suffering beyond PIP benefits, you’ll need to demonstrate that your injuries meet Michigan’s serious injury threshold. This means proving serious impairment of body function or permanent serious disfigurement.
Michigan law defines serious impairment of body function as an objectively manifested impairment that affects your general ability to lead your normal life. This goes beyond minor inconveniences. You must show that your injuries have had a significant impact on your daily routines, work capabilities, recreational activities, or family responsibilities. The impairment doesn’t need to be permanent, but it must be substantial enough to affect your overall quality of life.
Comprehensive medical documentation, including physician statements about limitations on your daily activities, becomes essential for clearing this legal hurdle. An experienced car accident lawyer can help you gather the right medical evidence and build a compelling case that demonstrates how your injuries meet this threshold.
How to Track Financial Losses after a Car Accident
Your claim should account for all economic damages resulting from the crash. Collect pay stubs from before and after the accident to document lost wages. If you’re self-employed, gather tax returns, invoices, and financial statements that show income loss. Keep records of any paid time off you had to use for medical appointments or recovery.
Don’t overlook smaller expenses that add up: prescription co-pays, medical equipment, transportation costs to medical appointments, and household services you had to hire because you couldn’t perform them yourself. Save every receipt and create a detailed log of accident-related expenses.
Challenges in Preserving and Collecting Evidence
Time is your enemy when it comes to evidence. Physical evidence at the crash scene disappears quickly as vehicles are towed and repaired. Surveillance footage is often deleted within days or weeks. Witnesses’ memories fade. Your own recollection of events becomes less clear as time passes. This is why immediate action is so critical.
Insurance companies understand these challenges and may use delays to their advantage. They might take weeks to assign an adjuster to your claim, knowing that by then, crucial evidence may be lost. Some insurers will even encourage you to repair your vehicle quickly, eliminating physical evidence of the damage before their own investigation is complete.
Another significant challenge involves medical documentation. Insurance companies scrutinize gaps in treatment, missed appointments, or inconsistencies in medical records. They’ll argue that if you didn’t seek treatment right away or stopped going to appointments, your injuries must not be that serious. Navigating these contradictory criticisms requires careful documentation and often legal representation.
A Lawyer Can Help You Maximize the Evidence in Your Case
An experienced car accident lawyer knows how to build a compelling narrative using the evidence available. At Davis Injury Lawyers, PLLC we understand which types of evidence resonate most with insurance adjusters and juries.
Our attorneys can identify gaps in your evidence and take steps to fill them, whether through expert testimony, additional documentation, or witness interviews.
Frequently Asked Questions About Car Crash Evidence in Detroit
How long do I have to collect evidence after a car accident?
You should begin collecting evidence immediately after the crash. Michigan’s statute of limitations gives you three years to file a lawsuit for injuries, but evidence deteriorates or disappears quickly. Security camera footage, physical damage, and witness availability all become harder to secure within days or weeks of the accident.
What if I didn’t take photos at the accident scene?
While immediate photos are ideal, you can still build a strong claim. Return to the accident location to photograph road conditions, sight lines, and traffic patterns. Your attorney can obtain official photographs from the police report, surveillance footage from nearby businesses, and testimony from witnesses who saw the scene.
Can social media posts be used against me in a car accident claim?
Yes. Insurance adjusters routinely monitor claimants’ social media accounts looking for posts, photos, or check-ins that contradict claimed injuries. Set all social media accounts to private and avoid posting about your accident, injuries, or activities during your claim.
How do I prove the other driver was at fault in my crash?
Fault can be established through multiple sources of evidence. The police report may indicate violations like running a red light or distracted driving. Photos showing the point of impact can demonstrate liability, especially in rear-end crashes where the trailing driver is typically at fault. Witness statements and traffic camera footage can also help prove the other driver’s negligence caused your injuries.
What if the other driver was under the influence during the crash?
A DUI crash creates additional evidence opportunities. The police report should document field sobriety tests, breathalyzer results, or arrests made at the scene. Criminal charges against the other driver strengthen your civil claim significantly. Your attorney can obtain records from the criminal case to support your claim for damages.
How does evidence help me meet Michigan’s serious injury threshold?
To recover pain and suffering damages beyond PIP benefits, you must prove your injury caused serious impairment of body function. Medical evidence is crucial here. You need detailed physician reports documenting not just your diagnosis, but how your injuries affect your ability to work, care for yourself, and enjoy daily activities.
Contact a Detroit Car Accident Lawyer Now
Building a successful car crash claim means knowing which evidence matters most, how to preserve it properly, and how to present it convincingly to insurance companies or in court. A Detroit car accident lawyer takes this burden off your shoulders.
Your attorney will investigate your crash thoroughly, gather all necessary evidence, handle communications with insurance companies, and fight for the full compensation you deserve. Whether your case involves a rear-end crash, distracted driving, or a DUI crash, experienced legal representation makes a significant difference in the outcome.
Don’t let valuable evidence disappear or make mistakes that could harm your claim. Contact Davis Injury Lawyers, PLLC for a free consultation.
With the right legal team on your side, you can focus on your recovery while professionals build the strongest possible case for your compensation.