What Determines the Strength of a Personal Injury Case?

Cullen McMahon

Dec 15 2025 19:22

After a vehicle collision, the moments and days that follow can feel overwhelming—especially if you or a loved one is dealing with injuries, medical appointments, or insurance adjusters. Understanding what evidence truly matters can make a significant difference in the strength of your personal injury claim. At McMahon Dean, PLLC, we help clients throughout Texas and Oklahoma preserve the right evidence, build clear narratives of fault, and pursue the compensation they deserve.

What Counts as Evidence After a Collision?

Evidence in a vehicle collision case is any information that helps explain how the crash happened, who is responsible, and how the injuries impact your life. This includes physical items, digital data, witness statements, and the complete documentation of your injuries and losses. The goal is to paint a clear, fact-based picture that supports your claim.

Why This Evidence Matters

Collision evidence is more than a formality—it directly affects your financial recovery. Insurance companies scrutinize every detail to limit their payouts. Missing or weak evidence can jeopardize compensation for medical bills, lost income, property damage, and long-term effects like chronic pain or reduced mobility.

Strong evidence protects you against unfair blame-shifting, lowball offers, and disputes about whether your injuries were caused by the crash. For families dealing with serious injury or wrongful death, quality evidence is often the difference between accountability and an unresolved tragedy.

Key Evidence to Gather After a Vehicle Collision

1. Photographs and Video Footage

Visual documentation is often the most persuasive type of evidence. Take photos or videos of:

• Vehicle damage on all sides
• Road conditions (skid marks, debris, weather)
• Injuries visible at the scene
• Traffic signals, signage, and lighting
• The positions of the vehicles before they are moved


Dashcam or surveillance footage from nearby businesses or residences can further strengthen your case by capturing the collision itself.

2. Police Reports

A police report provides an objective account of the incident and often includes the officer’s observations, diagrams, statements from involved drivers, and potential citations issued. While not the final word on fault, insurers and courts rely heavily on these reports.

3. Eyewitness Statements

Third-party witnesses add credibility. Their statements can clarify issues like speeding, distracted driving, improper lane changes, or red-light violations. Gathering names and contact information at the scene ensures these valuable perspectives are not lost.

4. Medical Documentation

Your medical records form a critical part of proving the nature and extent of your injuries. This includes:

• Emergency room records
• Diagnostic imaging (X-rays, CT scans, MRIs)
• Specialist evaluations
• Treatment plans and prescriptions
• Physical therapy notes
• Documentation of pain, mobility limitations, or long-term complications


5. Vehicle and Property Damage Reports

Repair estimates, photographs of structural damage, and assessments from body shops or mechanics help demonstrate the severity of the crash. Significant vehicle damage often correlates with significant injury, supporting your personal injury claim.

6. Electronic Data (EDR/Black Box)

Many vehicles today contain event data recorders that capture crucial crash details such as speed, braking, steering input, and seatbelt use. In commercial truck collisions—especially 18-wheeler crashes—this data is invaluable in proving negligence.

7. Driver and Commercial Records

In cases involving commercial vehicles or rideshare drivers, additional records may be relevant:

• Driver logs
• Hours-of-service data
• Maintenance records
• Employer safety policies
• Rideshare app trip data


Common Scenarios Where Evidence Makes or Breaks a Case

Rear-End Collisions

Photos of bumper damage, skid marks, and the final resting positions of vehicles help establish speed, braking, and impact force. Dashcam footage can be especially powerful in showing distraction.

Intersection Crashes

Red-light disputes are common. Video footage, witness statements, and signal timing data can determine which driver had the right of way.

Truck and 18-Wheeler Accidents

These cases often hinge on black box data, driver logs, maintenance records, and company policies. Without immediate preservation efforts, vital evidence can disappear.

Hit-and-Run Accidents

Surveillance footage, debris patterns, and witness descriptions may be the only path to identifying the at-fault driver.

Drunk or Distracted Driving Crashes

Police reports, BAC results, cell phone records, and witness accounts are central to proving impaired or distracted driving.

Challenges Clients Commonly Face

Many people unintentionally weaken their cases by trusting insurance adjusters to “handle everything.” Unfortunately, the process is rarely that simple. Clients often run into issues such as:

• Evidence disappearing before it can be collected
• Insurance companies disputing injury severity
• Adjusters minimizing property damage or suggesting pre-existing injuries
• Difficulty obtaining surveillance footage before it’s overwritten
• Trucking companies delaying or refusing to release black box data
• At-fault drivers changing their stories


Without legal representation, gathering and preserving evidence can feel impossible—especially while recovering from injuries.

How McMahon Dean, PLLC Helps Protect Your Case

Our firm takes a proactive and thorough approach to evidence preservation. When clients hire us, we immediately work to protect critical information before it can be lost, altered, or destroyed. Our team:

• Conducts independent investigations
• Sends preservation letters to prevent data destruction
• Obtains black box and EDR downloads
• Reviews crash scene photos and police reports
• Interviews witnesses and ensures statements are documented
• Works with accident reconstruction experts when needed
• Coordinates with medical professionals to document injuries thoroughly


Because we are trial lawyers—not just negotiators—we prepare every case with the expectation that it may go to court. This approach often results in stronger settlements and better accountability for clients harmed by negligence.

Your Next Step: Protect Your Rights After a Collision

Don’t Wait to Secure the Evidence That Can Protect Your Future

If you or a loved one has been injured in a vehicle collision, the evidence you gather—or fail to gather—can determine the outcome of your case. Our team at McMahon Dean, PLLC is here to help you protect your rights, preserve key information, and pursue the compensation you need to move forward.

Reach out to us today to schedule a free consultation. We’re ready to stand in your corner and guide you every step of the way.