What Evidence is Used to Prove Fault in Car Accident Cases?

Evidence needed to build a case

When we investigate car accidents, the types of evidence we look for may include:

• Police accident report
• Witness statements
• Visual evidence such as photos and video of the crash scene
• Photos of the vehicle damage
• Admissions from the defendant
• Street or traffic camera surveillance footage
• Cell phone records if distracted driving is suspected
• Debris or skid marks at the accident scene
• Vehicle part recall notices that indicate product liability
• Electronic data recorder (EDR) readouts that show speed, braking, and other key factors
• Social media posts/comments and pictures by the defendant about the accident
• Testimony from expert witnesses such as crash reconstruction specialists

Proving fault matters in Virginia accident cases

In order to seek any compensation in a Virginia auto accident, you must prove that the other party was entirely to blame. This is because the state follows laws of “pure contributory negligence.” This means you cannot seek damages for injuries and losses if it is shown that you were partly at fault for the accident. Insurance adjusters may try to shift partial blame on victims, but your legal counsel should be prepared with compelling evidence that refutes such claims.