Losing a loved one in a fatal crash can leave a family grieving and unsure about what to do next. Preserving evidence soon after the accident can help show what happened and support a possible wrongful death claim.
In Indiana, a wrongful death claim based on negligence generally requires evidence that another party’s conduct caused the crash. Important evidence can disappear or become harder to find over time. Knowing what to preserve can help protect the facts of the case.
Secure physical evidence from the scene
Physical evidence can change soon after a crash. Photos of vehicle damage, skid marks, debris and road conditions can help show what happened. If it is safe and does not interfere with emergency responders, take photos before vehicles are moved or removed.
Families should also record weather, traffic signals, road hazards and nearby signs. The position of vehicles and debris may provide useful information about the crash.
Obtain reports and medical records
Police prepare crash reports for qualifying accidents that involve injuries, deaths or significant property damage. These reports may include officer observations, witness information and other details about the crash.
Medical records can also provide important evidence. Emergency and hospital records can show the injuries and treatment before death. Toxicology results, autopsy records and coroner findings may also help establish the cause of death.
Preserve electronic and witness evidence
Modern vehicles may contain event data recorders that capture information about the vehicle and crash. The available information varies by vehicle. Keeping the vehicle intact and having qualified professionals examine it may help determine what happened.
Cellphone records may show whether phone use or another distraction played a role. Nearby businesses, homes or traffic systems may have surveillance footage. Some systems delete older recordings, so families may need to act quickly.
Witness information should also be preserved. Names, contact details and statements can become harder to obtain as time passes. Memories may also change.
Act quickly to preserve evidence
Families should avoid altering or disposing of damaged vehicles or other relevant property before the evidence has been reviewed. Photos, records, vehicle data, video footage and witness accounts may all help establish what happened.
Wrongful death claims involve legal deadlines and important evidence. Families should consider seeking legal guidance promptly after a fatal accident.
