Collecting and Preserving Evidence in Auto Accident Cases

November 14, 2023

In the aftermath of the evidence in auto accidents, the initial shock and adrenaline often subside, leaving the daunting task of navigating insurance claims and potential legal proceedings.

Amidst this whirlwind of paperwork and negotiations, collecting and preserving evidence in auto accidents often gets overlooked.

Collecting evidence can play a pivotal role in establishing the facts of the accident, determining fault, and ultimately securing the compensation you deserve.

Common Types of Evidence in Auto Accidents Cases

Evidence is the key to establishing the facts and circumstances of the accident. They also support your claim and help negotiate with the insurance company or the court. Collecting evidence in auto accidents is crucial for several reasons, as it plays a significant role in determining liability, facilitating insurance claims, and supporting legal actions. Here at Michael Kelly Injury Lawyers guide you in this difficult process.

Some common types of evidence in auto accident cases are:

Police reports: These are official documents that provide a detailed account of the accident, including the parties involved, the damages, the potential causes, and the surrounding conditions.

Witness statements: These are testimonies from people who saw or heard the accident, such as pedestrians, other drivers, or passengers. They offer highly valued insights into how the accident occurred and who was at fault.

Photos and videos: This is the visual evidence of the accident scene, the vehicles, the road, the weather, and the injuries. They can help illustrate the sequence of events and the extent of the damages.

evidence in auto accidents

Medical records: These show the nature and severity of the injuries. The documents also show the treatment and expenses incurred. They can help prove the harm and losses suffered by the victims.

Repair bills and estimates: These are receipts and invoices that show the cost of repairing or replacing the damaged vehicles and property. They can help prove the economic damages caused by the accident.

Can I Use Social Media Posts as Evidence in an Auto Accidents Case?

The answer is yes, but you should be careful about what you post on social media after an auto accident. The insurance company and the defense counsel can demand access to your social media in order to gather any evidence that could be relevant to the case. They can use your posts, photos, videos, messages, and check-ins to challenge or discredit your claim.

For example, they can argue that you are not as injured or you were partly at fault for the accident by showing your activities on social media. Therefore, it is advisable to avoid posting anything about the accident, your injuries, or anything the opposing party can take out of context or use against you.

You should also adjust your privacy settings, limit your online activity, and consult a lawyer before sharing anything online.


Collecting and preserving evidence is crucial in pursuing compensation after an auto accident. Evidence can help you prove the cause and responsibility of the accident and the severity and consequences of your injuries and damages.

However, collecting and preserving evidence is not only challenging but also time-consuming, especially while dealing with physical pain, emotional stress, and financial hardship. That is why it is advisable to seek the help of a professional and experienced auto accident lawyer who will help you with the process and protect your rights and interests.

A Boston auto accident lawyer can also help you use the evidence to support your claim and negotiate a fair and favorable settlement or verdict. If you have been injured in an auto accident, contact Michael Kelly Injury Lawyers today for a free consultation and evaluation of your case.

How can we help?

Fill out our contact form below for your free, no obligation case review.

Primary Contact Form

I would highly recommend Michael Kelly to anyone who is seeking a knowledgeable, experienced, and dedicated lawyer.

Frensis P.

Michael D Kelly profile image


Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.