Car Accident Lawyer Advice: Evidence Preservation and Chain of Custody Issues in Cases
This post discusses the importance of keeping evidence safe, possible issues with the chain of custody, and how Houston car accident lawyers may help with these difficulties.
Evidence preservation is essential after a car accident to determine who is responsible and to obtain fair compensation. Regardless of the accident’s severity—from a little fender bender to a serious truck accident, ensuring the integrity of evidence can substantially influence the result of a personal injury claim.
The Importance of Preserving Evidence
There has been a rise in motor vehicle traffic fatalities in Texas. The number of deaths recorded in 2021 was 4,494, representing a 15.43% increase over the 3,896 deaths reported in 2020. Thus, it’s critical to keep evidence following an automobile collision.
Here are a few key reasons it is useful:
- Determining Fault: Unambiguous and well-preserved evidence, such as images from the incident, witness accounts, and tangible proof, facilitates determining the accident’s cause.
- Supporting Claims: You may file a claim for damages, such as pain and suffering, lost wages, or medical costs, as long as you have the necessary proof.
- Legal Requirements: Neglecting to preserve evidence may result in legal issues and damage your case’s credibility.
Different Types of Proof
- Photographs: Taking pictures of the wreckage, injuries, and car damage. Statements from
- Witnesses: Gathering witness statements and contact details. Police records: Getting formal records detailing the specifics of the collision.
- Medical Records: Maintaining thorough documentation of medical interventions and injuries.
- Physical Evidence: Preserving other pertinent objects, including the vehicle’s damaged pieces.
Issues with Chain of Custody
The documentation and management of evidence from the moment it is gathered until it is presented in court is called the “chain of custody.” Any break in this chain could compromise the evidence’s integrity and impact your case. Typical problems with the chain of custody are:
- Inadequate Management: To prevent contamination or loss, it is essential to manage evidence appropriately.
- Documentation Gaps: Extensive documentation is required to demonstrate the evidence’s journey from gathering to trial presentation.
- Storage Issues: Evidence must be maintained securely to stop tampering or degradation.
Houston Auto Accident Attorneys’ Function
Whether you require a Houston car accident lawyer, a Houston truck wreck lawyer, or a motorcycle personal injury lawyer, these attorneys can maintain the chain of custody. Here’s how:
- Evidence Gathering and Protecting: Attorneys can promptly obtain and keep significant evidence, including security car black box data or surveillance video.
- Expert Advice: Personal injury lawyers in Houston often consult with experts to support their clients’ claims. One example is an accident reconstruction specialist, who can provide a statement on how the accident happened based on evidence.
- Chain of Custody Management: Attorneys ensure that the proper handling and storage of all evidence result in a transparent chain of custody.
- Legal Representation: They successfully present the evidence in court, thwarting any attempts by the other side to contest its veracity.
How a Reliable Houston Car Accident Lawyer Can Help
Evidence preservation and maintaining the chain of custody are essential for a successful claim in car accident cases. Working with an experienced Houston car accident lawyer can significantly improve your chances of securing the compensation you deserve.
So, if you are injured in a car accident in Texas, contact our experienced Houston car accident lawyer today. Schedule a consultation with J. Jackson Law Offices today.
