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What Type of Car Accident Evidence Do You Need After a Car Wreck

May 10, 2025 | By Francis Injury: Car & Truck Accident Lawyers
What Type of Car Accident Evidence Do You Need After a Car Wreck

If you've been hurt in a car accident in Texas, you may be wondering what it takes to prove the other driver was at fault—and how to get compensated for your injuries, medical bills, and property damage. The answer comes down to one thing: evidence.

Whether your case involves a minor fender bender or a multi-vehicle collision, strong, relevant evidence is the backbone of any successful personal injury claim. Without it, insurance companies and defense attorneys will likely deny liability—or offer you far less than you deserve.

In this guide, we’ll break down exactly what types of evidence matter in a car accident case, how the Texas Rules of Evidence define relevance, when evidence can be excluded, and how to protect your case with the help of a qualified attorney.

car accident evidence

What Makes Evidence Relevant in a Texas Car Accident Case?

Texas law doesn’t allow just any piece of information to be used in court. Evidence must meet strict standards—especially in personal injury lawsuits. At the heart of those standards is one rule: relevance.

According to the Texas Rules of Evidence, evidence is relevant if:

  1. It makes a fact more or less probable than it would be without the evidence.
  2. The fact is important to determining the outcome of the case.

For example, if a photo shows the other driver texting behind the wheel at the moment of impact, that’s clearly relevant—it helps prove negligence. But a photo of the same driver at a party six months earlier wouldn’t be relevant, even if they were drinking, unless alcohol was a factor in your crash.

Texas also uses a two-part test for admissibility: the evidence must be both relevant and material. Material evidence is anything that directly supports a key element of your case—like liability, causation, or damages. Courts generally allow relevant, material evidence to be presented, unless it’s excluded for other legal reasons (more on that below).

Learn more about how evidence affects pain and suffering claims in Texas injury cases.

Can Relevant Evidence Be Excluded from a Car Accident Case?

Even if a piece of evidence meets Texas’s standard for relevance, it doesn’t guarantee it will be allowed in court. Under Rule 403 of the Texas Rules of Evidence, a judge can still exclude relevant evidence if it poses a risk of misleading the jury, causing unfair prejudice, or creating confusion.

This is often referred to as the “more prejudicial than probative” rule. In short, if a piece of evidence is more likely to stir emotion than to prove a fact, a court might throw it out—even if it’s technically relevant.

Reasons Why Evidence May Be Excluded

  • It could mislead the jury (e.g., focusing on character flaws instead of the crash)
  • It creates unfair prejudice (e.g., mentioning a criminal history that has no bearing on the accident)
  • It confuses the issue (e.g., introducing unrelated past lawsuits)

Let’s say the at-fault driver had a DUI conviction five years ago, but alcohol wasn’t a factor in your current case. That history might be relevant to a pattern of behavior—but unless it directly impacted your crash, a judge might rule it too prejudicial and keep it out of court.

However, if that same driver was intoxicated at the time of your wreck, then their DUI history could become admissible—especially to prove recklessness or justify a claim for punitive damages.

Knowing how to argue for or against the inclusion of certain evidence is where a skilled car accident lawyer becomes essential. Your attorney will make sure the right evidence gets in front of the jury—while keeping out anything that could unfairly hurt your case.

What Evidence Should You Gather After a Car Accident in Texas?

When you're injured in a Texas car accident, the burden is on you—or your attorney—to prove that the other party was negligent and caused your damages. That’s why gathering the right evidence is so important, starting immediately after the crash.

Even in relatively minor collisions, having strong evidence helps ensure a fair insurance settlement—and puts you in a better position if your case goes to trial. Here’s what to collect and preserve:

  • Photographs: Take pictures of all vehicles involved, visible damage, debris, road conditions, weather, skid marks, and your injuries.
  • Police reports: Always call 911 after a crash. The official report helps establish fault and may include citations or witness statements.
  • Medical records: Document every medical visit, treatment plan, diagnosis, and recovery timeline. These records tie your injuries directly to the crash.
  • Witness statements: Get contact information for anyone who saw the accident happen. Neutral witnesses carry weight with insurers and juries.
  • Wage loss documentation: Provide pay stubs, work attendance records, or a letter from your employer if the accident affected your income.
  • Vehicle repair estimates: Even if the case doesn’t go to trial, proof of property damage supports your claim for pain and suffering and liability.
  • Dash cam or surveillance video: If available, footage showing how the crash happened can be a game-changer.

Preserving and presenting this evidence properly is key to securing full compensation. Your attorney may also bring in expert witnesses—such as accident reconstruction specialists or medical experts—to strengthen your case.

Not sure what to collect? Start here: What to Do After a Car Accident in Texas.

Why Choose Francis Injury to Prove Your Car Accident Case?

Successfully proving fault in a car accident case takes more than just basic paperwork. It requires an attorney who knows how to gather and present evidence, challenge opposing tactics, and maximize every dollar of compensation. That’s exactly what you get with Francis Injury.

Led by board-certified Texas personal injury attorney Michael Francis, our firm has helped injured clients across Fort Worth, Dallas, and Southlake for over 25 years. We know how to work with accident reconstruction experts, medical professionals, and insurers to build airtight cases that win.

If you’re struggling with mounting medical bills, lost income, or long-term pain after a crash—don’t wait. The insurance company already has a team on their side. You should too.