Investigating the Accident

Why the Investigation Is So Important

When someone gets seriously hurt in an accident, one of the first things lawyers do is start investigating. This isn’t just about figuring out who to blame. It’s about gathering facts, finding proof, and making sure the truth is clear.

A good investigation helps you build a strong case. Without one, it can be your word against theirs—and that’s not enough when it comes to insurance or a court. Solid proof can help you get medical bills paid, cover missed work, and protect your rights.

When the Investigation Starts

In most cases, the investigation begins as soon as someone contacts a serious injury lawyer. But it can also start at the scene of the accident—sometimes even before emergency help arrives.

If you’re able to move and stay safe, there are things you can do right away, like taking photos or talking to people nearby. But even if you couldn’t do that, don’t worry. Your lawyer will know how to go back and gather what’s needed.

Things That Should Be Collected Early

To start building a case, here’s what lawyers (and you, if you’re able) usually try to gather:

• Photos or video from the scene

• Names and numbers of witnesses

• Copies of police or incident reports

• Medical records and notes from doctors

• Insurance info from everyone involved

• Notes on what happened and how you were injured

Each piece helps tell the full story of what went wrong—and how it hurt you.

What Lawyers Look for in an Investigation

Every detail matters. A good lawyer knows how to find small things that make a big difference. During an investigation, they might look for:

• Hazards – Was there ice, water, or something dangerous on the ground?

• Neglect – Did a business or property owner fail to fix or warn people about a problem?

• Carelessness – Was someone texting while driving? Speeding? Not paying attention?

• Mechanical issues – Did a car part fail or a machine break down?

• History – Has this kind of accident happened before at this location?

The more they know, the stronger your case becomes.

Getting Statements from Witnesses

One of the first steps in any investigation is finding people who saw what happened. Witnesses help support your side of the story. A lawyer or their team will usually:

• Call or meet with witnesses

• Ask for a written or recorded statement

• Check if their version matches yours

• Follow up later if more info is needed

If someone saw you fall, get hit, or get hurt, their words could really help your case.

The Power of Photos and Video

Photos and video often speak louder than words. A picture of a broken stair, an icy sidewalk, or a damaged car can prove how the accident happened.

Lawyers will use:

• Photos you took

• Security footage from stores, streets, or buildings

• Traffic camera videos (if it was a car accident)

• Dashcam footage (from you or someone else)

• Bodycam footage (if police were involved)

If you know there was a camera nearby, tell your lawyer right away. Some places delete their footage after a few days unless someone asks to save it.

Getting the Police or Incident Report

If the police came to the scene, they probably wrote a report. This document includes basic info like time, date, people involved, and what the officer saw or heard.

Lawyers use this to:

• Check what people said right after the accident

• See who the officer thought was at fault

• Look for contact info of witnesses

• Spot any mistakes or missing details

If your injury happened at work or a business, someone there may have written an incident report. Ask for a copy if you can. Your lawyer can also request one.

When There Are No Witnesses

Sometimes, nobody else saw what happened. That doesn’t mean your case is weak. A lawyer will dig deeper and look at things like:

• The layout of the area

• What safety measures were missing

• Photos from before and after the accident

• Medical records that show how you were hurt

Even without a witness, a strong investigation can still prove what happened.

What If Someone Tries to Blame You?

Sometimes the other person—or their insurance company—will try to say the accident was your fault. They might say you weren’t paying attention, or that you were doing something unsafe.

Your lawyer’s job is to prove that’s not true. They’ll use the investigation to:

• Show that someone else’s actions caused the harm

• Explain why your actions didn’t cause the accident

• Use laws or safety rules to support your side

Even if you were partly at fault, you might still be able to recover money for your injuries. In Pennsylvania, as long as you’re less than 51% at fault, you can still win something.

Using Medical Records as Evidence

What your doctors write down can be just as important as what happened at the scene.

Medical records can show:

• How bad your injuries are

• What kind of treatment you need

• That the injuries were caused by the accident

• Whether you’ll have long-term problems

Lawyers often work with your doctors to understand the full impact of your injury. That way, they can show the full cost—not just the bill today, but the future costs too.

Accident Reconstruction Experts

In more serious or unclear cases, a lawyer may bring in an accident reconstruction expert. These are professionals who figure out how an accident happened by looking at:

• Damage to vehicles or property

• Skid marks or debris

• Speed and angle of impact

• Road conditions

• Statements and photos

They might build a model or diagram to show how things unfolded. These experts can be especially helpful in court.

Investigating Unsafe Property Conditions

If you got hurt on someone else’s property—like slipping on a wet floor or falling down stairs—the investigation focuses on what was unsafe.

A lawyer may look at:

• Cleaning or maintenance records

• Security camera footage

• Lighting and visibility

• Past complaints or violations

• Whether the hazard was fixed too late—or not at all

If the property owner didn’t fix a known problem or failed to warn people, they could be held responsible.

Investigating Cases Involving Civil Rights

When an injury happens because of police misconduct, jail abuse, or another violation of your civil rights, the investigation is even more detailed. These cases might include:

• Bodycam footage

• Jail or prison security video

• Internal reports or complaints

• Medical records from jail doctors

• Testimony from other inmates or witnesses

Civil rights cases can be more complicated. But they’re important, and a good lawyer knows how to handle them with care.

Keeping You Updated During the Investigation

A good lawyer doesn’t leave you in the dark. You should expect regular updates about:

• What the team has found

• Whether they need anything else from you

• If any new witnesses or evidence have been found

• When to expect the next steps

If something changes—like your injury gets worse or you remember more details—tell your lawyer right away. You’re part of the team, and your info helps the case.

How the Investigation Helps with Settlements

Once all the information is gathered, your lawyer can use it to talk to the insurance company. They’ll show:

• That someone else caused the accident

• That you were seriously hurt

• That you deserve a fair amount of money

Sometimes, the other side won’t want to pay. That’s when your lawyer might suggest going to court. But if the investigation is strong, the other side may settle to avoid losing in front of a judge.

What If the Investigation Shows More Than One Person at Fault?

In some cases, more than one person or company could be responsible. For example:

• A store didn’t fix a leak, and the cleaning company didn’t clean it up

• A driver hit you, but their car had a faulty brake

• You fell at an apartment, and the landlord and maintenance company both failed to fix the steps

Your lawyer can go after all the people involved. That way, you have a better chance of getting the full amount you need.

What If You Don’t Remember the Accident?

Some injuries, like head trauma, can make it hard to remember what happened. If that’s the case, your lawyer can:

• Talk to witnesses

• Use video or photo evidence

• Work with doctors to understand your injury

• Use experts to recreate the accident

Don’t be afraid to say “I don’t remember.” Just tell your lawyer what you do know, and they’ll help with the rest.

FINAL THOUGHTS

A serious injury can change your life. But proving what happened—and showing who’s responsible—takes more than just telling your story. It takes a solid investigation.

That’s where your lawyer comes in. They’ll do the digging, the asking, the gathering, and the organizing. They’ll take what happened to you and turn it into a case that’s hard to ignore.

You deserve to be heard. You deserve to be taken seriously. And with a strong investigation, that’s exactly what can happen.