If you’re involved in a vehicle accident that causes severe injuries, your life will change in an instant. Medical bills, lost wages, pain, and suffering all become new parts of your life. You may be able to receive compensation for what you’re going through, but that requires evidence that supports your claims. That fuel for your case is found during our investigation.
If you are injured in a vehicle crash and looking for an experienced lawyer for help, call The Fleck Firm for a free consultation at (270) 446-7000. We are dedicated and compassionate when we fight for our clients.
What Is a Vehicle Accident Investigation?
An accident investigation is the backbone of a strong personal injury claim. Like accidents, each is unique.
It’s a process of collecting and analyzing evidence related to your crash. We want to know what happened, how, why, when, and who was at fault. Some accidents are fairly simple and take less effort to investigate, while others may be highly complex and require a crash reconstruction expert to fully understand.
Is a Vehicle Accident Investigation Important?
When you seek compensation from an insurance company, you’re asking them to pay you money. They won’t do that until you prove that they’re obligated to do so under Kentucky law and the terms of the insurance policy held by the defendant (the party causing the accident). They won’t just take your word for it. Investigations are critical for many reasons, including:
- What we discover proves the other party was at fault and how much harm they caused
- We preserve evidence that could be lost over time. Skid marks fade, vehicles are repaired, and witnesses become harder to find. The sooner you retain us, the earlier our investigation can begin, and the stronger the evidence may be
- When we present solid, organized, comprehensive evidence showing that the other party was negligent, they caused your injuries, and how much harm you suffered, it helps create leverage in settlement negotiations that may result in a full recovery
- If we can’t negotiate a resolution to your claim, and your case goes to trial, litigation will go nowhere without evidence supporting your side of the story. Judges and juries need facts to decide in your favor. Having a comprehensive investigation makes your case far more persuasive
Often, both sides agree on the basic facts of an accident. An insurance company may acknowledge its insured may be responsible, but won’t settle until certain factual issues are resolved. Our investigation can provide the facts they want to approve paying your claim.
Who Conducts Vehicle Accident Investigations?
Depending on the severity and nature of the crash, an accident may be investigated by several parties:
- Law Enforcement Officers: They respond to the scene, gather witness statements, take photographs, and write an official accident report. There may also be tickets issued to one or both parties, as well as criminal charges and prosecutions. We, and the insurance company, usually have access to this material
- Insurance Adjusters: Whether they’re employed by the insurance carrier or independent contractors hired to work on your case, they’ll evaluate the damage and circumstances on behalf of the insurance company and the policyholder to determine liability and payout
- Private Investigators: Either side may hire private investigators to help them with more complicated cases or those that may be worth substantial amounts of money
- Accident Reconstruction Experts: These individuals are typically engineers who utilize science and technology to recreate the accident, helping to determine why and how it occurred and apportioning responsibility among parties. They also provide expert opinions that can be used during negotiations or a trial
- Personal Injury Attorneys: We and our staff play a critical role in doing the groundwork, guiding and coordinating the investigation to support your claim
Investigations are usually a team effort involving many issues. They require curiosity, organization, persistence, and attention to detail.
Key Components of an Accident Investigation
A thorough investigation includes several critical steps. Each plays a role in building a factual foundation for your injury case, including the following:
- Scene documentation contains photos and videos of the crash site, vehicle positions, skid marks, debris, weather conditions, and road signs. Capturing the scene soon after the accident is essential, as evidence can be lost or altered quickly. If you’re safely able to document the accident, doing so may greatly help your case
- Eyewitnesses may offer crucial, unbiased accounts of how the accident occurred. Investigators try to identify, locate, and interview witnesses before their memories fade
- The location and extent of damage to the vehicles can help reconstruct how the accident happened and why. This is especially helpful when the parties’ fault is disputed
- Police reports often include an officer’s observations, witness statements, and sometimes an opinion about fault. While not definitive, these reports are heavily relied upon by insurance companies and attorneys
- Video evidence from nearby businesses, traffic cameras, or personal dashcams may offer critical proof of how an accident happened. They may show the plaintiff doesn’t have a viable claim, the other driver is clearly at fault, or that both parties share responsibility for what happened
- Modern vehicles have event data recorders that store information about speed, braking, and seatbelt use in the seconds leading up to a crash. This can greatly help in reconstructing the accident
- Documenting how the accident caused your injuries is essential. Medical records, emergency room visits, and ongoing treatment details help establish damages (the measure in dollars of the harm you suffer)
All this, and more, may be needed to back your claim for it to be successful.
Were You or a Loved One Injured in a Vehicle Accident? If So, We Can Help
This isn’t the time to try to settle a case yourself. Your potential recovery, if the case is handled correctly, could be substantial, so you may have a lot to lose by trying a DIY approach. Call The Fleck Firm at (270) 446-7000 to schedule your free consultation. We’ll discuss the accident, how Kentucky law may apply, and your best options to proceed. Insurance companies have lawyers. You should have one, too.
