The strength of a personal injury claim in Utah depends almost entirely on evidence. Strong evidence establishes that the other party was at fault, documents the nature and severity of your injuries, and supports the compensation you are claiming. Here is what matters most.
Liability Evidence (Who Caused the Crash)
- Police report: Documents officer observations, traffic violations, contributing factors, and witness statements at the scene.
- Photographs and video: Dashcam footage, traffic camera video, business surveillance footage, and smartphone photographs of the vehicles, scene, and road conditions.
- Witness statements: Independent witnesses carry the most weight. Collect names, phone numbers, and a brief description of what they saw before they leave the scene.
- Event Data Recorder (EDR) data: Records vehicle speed, brake application, steering input, and throttle position in the seconds before impact. Requires a preservation letter to prevent the data from being overwritten.
- Cell phone records: Subpoenaed carrier records can prove distracted driving at the moment of impact.
- Traffic citations: A citation issued to the other driver is strong liability evidence, though not conclusive in a civil case.
Injury Evidence (What Was Hurt and How Badly)
- Emergency room records: Documentation of the initial visit establishes that injuries were present immediately after the crash.
- Diagnostic imaging: X-rays, MRIs, and CT scans document fractures, disc injuries, and internal damage.
- Treating physician records: Ongoing records from your primary care physician, orthopedist, neurologist, or physical therapist document the course and severity of your injuries.
- Impairment ratings: A physician's permanent impairment rating (expressed as a percentage under AMA guidelines) is critical in serious injury cases.
- Mental health records: If you are treating for PTSD, anxiety, or depression following the crash, those records support non-economic damage claims.
Damages Evidence (What the Injury Cost You)
- All medical bills (itemized)
- Pay stubs and employer confirmation of missed work
- Tax returns (for lost earning capacity claims)
- Receipts for out-of-pocket expenses
- A personal injury journal documenting daily pain levels, activity limitations, and emotional impact
Preserving Evidence Quickly
Evidence disappears fast. Traffic camera footage is overwritten in 30 days. EDR data can be overwritten if the vehicle is repaired. Surveillance footage from businesses is often deleted in 7 to 14 days. An attorney can send preservation letters immediately to hold this evidence before it is gone.
BAM Injury Law investigates and builds injury cases from the start. Call (801) 839-5652.
