Evidence and Documentation
What evidence and documentation actually matters to your Santa Clarita Injury Case, how long it lasts, and practical ways to preserve it before it's gone for good.
The Importance of Evidence and Documentation to Your Santa Clarita Personal Injury Case
When people think about a personal injury claim, they often focus on the obvious things: how badly they were hurt, how much their medical bills cost, whether they had to miss work, and whether the insurance company will offer a fair settlement.
Those things certainly matter. But there is another part of the equation that can have an enormous effect on how a claim is evaluated: the evidence.
Evidence is what allows you to prove what happened, who was responsible, how you were injured, and how the injury has affected your life. Sometimes the evidence is dramatic—a video showing exactly how a collision occurred or photographs showing a dangerous condition. Other times it is much less obvious: the name and phone number of someone who happened to witness the accident, a photograph taken immediately after an injury, a text message sent that afternoon, or a medical record documenting a symptom for the first time.
One of the biggest mistakes people make is assuming they can worry about documentation later. Unfortunately, evidence often disappears long before a legal claim expires. Security footage gets overwritten. A damaged vehicle gets repaired. A dangerous condition gets fixed. A witness moves away or forgets what happened. Photographs that could have been taken at the scene are no longer possible because the scene has changed.
The good news is that preserving useful evidence usually does not require sophisticated equipment or legal training. A smartphone, some organization, and a little awareness about what may become important later can make a significant difference.
Key Takeaways
Evidence can affect the value of a personal injury claim, not simply whether you have a claim in the first place.
The most important evidence is often gathered within hours or days of an accident, before conditions change or information disappears.
Take photographs and video of the accident scene, vehicles, injuries, property conditions, road conditions, and anything else that may help explain what happened.
Surveillance footage can disappear quickly, so potential sources should be identified and preservation requested as soon as reasonably possible.
Get the names and contact information of witnesses before they leave whenever possible.
Medical records are important not only because they document treatment, but because they can help establish the timing, nature, progression, and impact of an injury.
Keep your own records of symptoms, limitations, expenses, missed work, and activities you could no longer do normally.
Preserve damaged clothing, equipment, vehicles, and other physical evidence before cleaning, repairing, replacing, or discarding it.
Do not assume that evidence is unimportant simply because it seems minor at first. A seemingly insignificant photograph or witness can become important months or years later.
If a case eventually goes to a jury, the quality and consistency of the evidence can affect how jurors evaluate both the facts and the credibility of the people involved.
Why Evidence Has a Shelf Life
There is an important distinction between a legal deadline and the practical deadline for preserving evidence.
A statute of limitations may give you months or years to bring a lawsuit. That does not mean you have months or years to gather the evidence you will need. In many cases, the most useful evidence has a much shorter shelf life.
Consider a simple example. Suppose you slip on a liquid or other dangerous condition inside a store. On the day of the accident, there may be a visible substance on the floor, a particular arrangement of merchandise, warning signs—or the absence of warning signs—and surveillance cameras covering the area. A week later, the floor has been cleaned, the merchandise has been moved, employees may not remember what they saw, and the surveillance system may have automatically recorded over the footage.
The legal claim may still exist. But some of the evidence that could have made the claim easier to prove may be gone.
The same thing happens in automobile accidents. Skid marks disappear. Vehicles are repaired. Debris is removed from the roadway. Traffic patterns change. Nearby businesses may routinely overwrite camera footage. Even something as basic as weather and sunlight can change the appearance of an accident scene.
Witnesses present another problem. People generally remember an event more clearly when it is fresh. As months pass, memories can become less precise, people can become difficult to locate, and someone who was initially willing to help may no longer remember enough to provide meaningful information.
That is why the first few hours and days after an accident can be such an important evidence-gathering period.
Photographs and Video: Your Phone Can Be One of Your Best Evidence-Gathering Tools
A smartphone is often one of the most useful pieces of equipment available immediately after an accident.
If you are physically able to do so, consider photographing the scene from several different perspectives rather than taking only one close-up photograph. A close-up picture may show a pothole, damaged vehicle, broken handrail, wet floor, or other condition. A wider photograph can show where that condition was located in relation to the surrounding environment.
For a motor vehicle accident, photographs might include the damage to every affected vehicle, the roadway, traffic signals, signs, lane markings, nearby intersections, debris, skid marks, surrounding businesses, and anything else that may help reconstruct what happened.
For a slip-and-fall accident, photographs might include the condition of the floor, stairs, sidewalk, parking lot, lighting, signs, obstacles, or other conditions that may have contributed to the accident.
If you have visible injuries, photographs taken over time can also be useful. Some injuries become more visible during the hours or days following an accident. Continuing to document the progression can provide a visual record that a single photograph taken immediately afterward cannot.
Take More Photographs Than You Think You Need
There is usually very little downside to taking an extra photograph. Once the scene changes, however, you may never have another opportunity.
This is one situation where I would rather see someone take twenty photographs and ultimately use five than take two photographs and later realize that the most important angle was never captured.
Photographs should be taken from different distances and angles when practical. If something in the photograph is difficult to understand without context, take a wider photograph showing where it was located.
Video Can Capture Things Photographs Cannot
Video can sometimes provide a better sense of the overall environment.
For example, a video of an intersection can show traffic flow, visibility, lane configuration, and the relative position of vehicles. A video of a walkway can demonstrate lighting, surface conditions, changes in elevation, or other characteristics that may be difficult to appreciate from a still photograph.
Video does not have to be elaborate. The goal is to preserve information that might otherwise be lost.
Preserve the Original Files
If photographs or videos may become important, avoid unnecessarily altering or deleting the original files. Your phone will often retain information about when a photograph or video was created, and preserving the original media can be preferable to relying solely on screenshots or edited versions.
Do not assume that something is irrelevant simply because it does not seem important today. It may make more sense once the circumstances of the accident are investigated later.
Surveillance Cameras and Dashcam Footage
Surveillance footage can be some of the strongest evidence in a personal injury case because it may show an event rather than relying entirely on people's memories of what happened.
The problem is that surveillance footage frequently does not remain available indefinitely.
Businesses, apartment buildings, parking facilities, homes, intersections, and other locations may use systems that automatically overwrite older recordings. The amount of time footage remains available varies considerably from one system to another. In some circumstances, the window may be surprisingly short.
That creates an important practical lesson:
If you believe a camera may have captured the accident, act promptly.
Look around the area. A camera does not necessarily have to be mounted directly at the accident scene to have captured something useful. A nearby business, gas station, apartment building, traffic camera, residential doorbell camera, or passing vehicle may have recorded relevant information.
Dashcams can be very valuable in automobile accidents. Another driver who happened to be traveling nearby may have captured the collision even though that driver was not involved in it.
Ask That Potential Evidence Be Preserved
If you identify a business or other entity that may have surveillance footage, a prompt request asking that the relevant footage be preserved can be important.
A preservation request is not the same thing as a demand that the business immediately turn the footage over to you. Businesses may have privacy, security, or other legitimate reasons for not simply handing surveillance recordings to someone who asks for them.
The immediate objective is often preservation—making sure potentially relevant footage is not automatically deleted before it can be evaluated.
If a claim is significant, an attorney may also send a more formal preservation letter and take additional steps to obtain the evidence.
Don't Assume There Is No Footage
People sometimes look at a camera and conclude that it could not possibly have captured the accident because it appears to be facing the wrong direction.
I would not necessarily make that assumption. Camera lenses can cover wider areas than they appear to from the ground, and there may be additional cameras that are not obvious.
It is worth investigating.
Witnesses: Get Their Information While You Can
Independent witnesses can be extremely valuable, particularly when the people involved in an accident have different versions of what happened.
If someone witnessed the accident, try to get that person's name and telephone number before the person leaves. You do not need to conduct an interview at the scene. In fact, trying to turn a chaotic accident scene into a formal deposition is neither practical nor necessary.
A simple conversation such as, "Did you see what happened? Would you mind giving me your name and phone number in case someone needs to contact you later?" may be enough.
If the witness tells you something significant about what they observed, you can make a brief note afterward while your memory is still fresh.
Look Beyond the Obvious Witnesses
The person standing next to you when the accident occurred is not necessarily the only useful witness.
For example, a nearby employee may have seen the condition that caused a fall. Someone working at a neighboring business may have heard or observed a collision. A pedestrian may have seen a vehicle approach an intersection. Someone who was not directly involved may provide a perspective that is considered more independent.
The key is to identify potential witnesses early.
If someone refuses to provide contact information, respect that decision. If appropriate, you can make a private note of the person's general description and what the person said at the time. That is not a substitute for having actual contact information, but it may be better than having no record whatsoever.
Police Reports, CHP Reports, and Other Official Reports
Depending on the type of accident, an official report may create an important contemporaneous record.
In automobile accidents and certain other incidents, a report from law enforcement may document the responding officer's observations, statements made by people at the scene, physical conditions, and other information gathered shortly after the event.
In the Santa Clarita Valley, the appropriate agency may depend on where and how the accident occurred. California Highway Patrol may be involved in certain roadway collisions, while local law enforcement may handle other incidents.
For accidents occurring on private property, such as a store, apartment complex, restaurant, or other business, there may also be an internal incident report prepared by the property owner or manager.
If an incident report exists, it can be worthwhile to ask whether you can obtain a copy.
Official Does Not Mean Automatically Correct
An official report can be important evidence, but it is not necessarily the final word on what happened.
Police officers and other investigators typically arrive after an accident has occurred. Their reports may contain statements from people who were present, observations made at the scene, and preliminary conclusions. Those observations can be useful, but they do not necessarily resolve every disputed issue in a later personal injury case.
The same general principle applies to an incident report prepared by a business.
What matters is the evidence as a whole.
Medical Records Are Also Evidence
Medical treatment is obviously important because the primary reason for seeking medical care is to address the injury itself. But medical records can also become an important part of the evidence in a personal injury claim.
A medical record can document when symptoms were reported, what the healthcare provider observed, what treatment was recommended, how the patient progressed, and what limitations or complaints continued over time.
Timing Matters
When an injury is reported and treated shortly after an accident, the medical records can provide contemporaneous documentation of what the person was experiencing.
That does not automatically prove that every symptom was caused by the accident. Causation can be complicated, particularly when there are pre-existing conditions or other possible explanations for a symptom.
But a consistent medical history beginning near the time of the accident can be helpful when reconstructing what happened.
Consistency Matters
If medical treatment is recommended, following through with appropriate care can help create a more complete record of the injury and its progression.
On the other hand, unexplained gaps in treatment may raise questions. Sometimes there are perfectly legitimate reasons for interruptions—a change in insurance, financial difficulties, scheduling problems, improvement followed by a recurrence, or other circumstances.
The important point is not that you should seek unnecessary treatment simply to create paperwork. You should obtain appropriate medical care for your actual condition and communicate honestly with your healthcare providers.
Tell Your Providers What You Are Actually Experiencing
Medical records are more useful when they accurately describe the patient's condition.
If an injury is affecting your sleep, ability to drive, ability to work, ability to exercise, ability to care for your children, or ability to perform ordinary household tasks, those limitations may be relevant. Tell your healthcare provider what you are actually experiencing rather than assuming that only the physical diagnosis matters.
At the same time, be accurate. Do not exaggerate symptoms simply because you believe doing so will strengthen a claim. Credibility matters enormously in personal injury cases.
Keep Your Own Organized Records
Your doctors and medical providers maintain the official medical records, but keeping your own organized file can still be helpful.
Save visit summaries, discharge instructions, bills, receipts, prescriptions, and other documents you receive. You do not necessarily need to create a complicated filing system. A dedicated digital folder can be enough.
Personal Records: Documenting What Nobody Else Can See
Some of the most important effects of an injury are not visible to a police officer, insurance adjuster, or doctor.
You are the person who knows what it feels like to wake up with pain every morning. You know that you stopped playing golf, stopped exercising, had difficulty sleeping, could not pick up your child, or had to ask someone else to perform household responsibilities you normally handled yourself.
That is why keeping a personal record can be valuable.
Keep a Simple Symptom and Activity Journal
You do not need to write a novel every night.
A running note on your phone can record things such as:
Symptoms you're experiencing
Pain levels and changes in symptoms
Activities that make the condition worse
Sleep problems
Work limitations
Household tasks you cannot perform normally
Exercise or recreational activities you have stopped or modified
Important events or activities you missed
The goal is not to manufacture evidence. It is to avoid relying on memory months later.
Keep Track of Expenses
Accident-related expenses can be surprisingly easy to forget.
Keep track of mileage to medical appointments, parking expenses, prescriptions, medical equipment, transportation costs, and other legitimate out-of-pocket expenses related to the injury.
A simple running spreadsheet or phone note can be sufficient.
Document Missed Work and Missed Activities
If your injury causes you to miss work, document the dates and the reason. If you have to modify your work responsibilities, make a note of that as well.
The same applies to personal activities.
Maybe you normally coach your child's soccer team but cannot participate. Maybe you stop going to the gym. Maybe you cancel a vacation or cannot participate in a family event. These details can help demonstrate how an injury affected the person's actual life rather than merely providing an abstract description of "pain and suffering."
Preserve Physical Evidence
Physical evidence can sometimes tell a story that photographs alone cannot.
If clothing, shoes, protective equipment, a bicycle, helmet, personal property, or another item was damaged in the accident, think carefully before throwing it away, cleaning it, repairing it, or replacing it.
For example, the condition of a bicycle helmet after a collision may matter. The condition of clothing after a fall may matter. A damaged piece of equipment may help explain how an accident occurred.
That does not mean you have to keep every damaged object forever. But if something may be relevant, preserve it until you have determined whether it should be documented or inspected.
Photograph Vehicles Before Repairs
If your vehicle is damaged in a collision, take thorough photographs before repairs begin whenever practical.
Photograph the damaged areas from multiple angles and distances. Keep repair estimates, invoices, photographs, and other documentation associated with the damage.
If repairs need to happen quickly because you need the vehicle for transportation, that does not mean you have to choose between repairing the car and documenting the damage. Take the photographs first when possible.
Text Messages, Social Media, Other Digital Evidence
Today's personal injury cases can involve a substantial amount of electronic information.
Text messages may document conversations with witnesses, the other driver, an employer, family members, or others about the accident and its aftermath.
Do not delete potentially relevant communications simply because you think they might be embarrassing, inconvenient, or unimportant. Once a claim becomes contentious, the preservation of electronic information can become a significant issue.
Social Media Can Help—or Hurt
Social media deserves particular caution.
A photograph or post can sometimes provide useful information about an accident or its aftermath. But social media can also create problems if a post appears inconsistent with what someone is claiming about an injury.
For example, someone claiming a significant physical limitation may not want a photograph of themselves engaging in an activity to be taken out of context and used to suggest that the injury is exaggerated.
That does not mean you should delete your social media history. Quite the opposite: do not destroy potentially relevant evidence. Instead, be thoughtful about what you post while a claim is pending and discuss specific concerns with your attorney.
Fitness Trackers and Other Devices
Some people use smartwatches, fitness trackers, or other devices that collect information about activity, sleep, heart rate, movement, and similar metrics.
This type of information is not involved in every case, and it may or may not ultimately be useful. But when an injury significantly changes someone's normal activity level or sleep pattern, electronic records may sometimes provide additional information worth considering.
How Insurance Companies and Insurance Adjusters Use Evidence When Evaluating a Claim
Evidence does more than help prove what happened in court. It can affect how an insurance company evaluates a claim long before anyone sees the inside of a courtroom.
An insurance adjuster is trying to assess several basic questions:
Did the insured cause the accident?
How serious are the injuries?
What evidence supports the claim?
How much are the damages likely to be?
What are the weaknesses in the case?
And what might happen if the case goes to trial?
Strong documentation can make those questions easier to answer.
Suppose two people have similar injuries from similar accidents. In one case, there are photographs of the scene, several independent witnesses, a clear police report, prompt medical documentation, photographs showing the progression of the injury, consistent treatment records, and documentation of the person's limitations.
In the other case, there are few photographs, no identified witnesses, an unclear accident history, substantial gaps in medical treatment, and little documentation of how the injury affected the person's life.
The injuries may be similar. The evidence supporting the two claims is not.
That difference can affect settlement negotiations.
Evidence and the Value of a Personal Injury Case
There is no formula that says, "Ten photographs are worth $10,000," or "Three witnesses add a certain amount to a settlement."
Evidence does not work that way.
Instead, good evidence can increase the confidence that a lawyer, insurance company, or jury has in the underlying claim.
That matters because personal injury cases involve uncertainty.
An insurance company may be more comfortable paying substantial money when liability is well documented, the medical evidence is consistent, the injury is objectively supported, and the claimant appears credible.
Conversely, uncertainty can reduce the amount an insurer is willing to pay because the insurer is considering the possibility that the claim may ultimately be worth less—or that the claimant may have difficulty proving it.
This is one reason documentation and case value are closely connected even though documentation itself is not a separate category of damages.
What Happens When Evidence Is Missing?
Missing evidence does not automatically destroy a personal injury case.
People get injured without having a camera in their hand. Witnesses leave. Security footage gets deleted. A person may be too badly hurt to photograph the scene. A police officer may not arrive until long after an accident.
The legal system does not require every case to have perfect evidence.
Instead, a case may need to be evaluated using the evidence that remains.
If you did not take photographs at the accident scene, for example, there may still be photographs taken by someone else, police or incident reports, surveillance footage, witness testimony, medical records, vehicle photographs, expert testimony, and other evidence.
The important lesson is not to assume that it is "too late" simply because the evidence is incomplete.
Document what you can now.
How a Jury May Look at the Evidence
If a personal injury case goes to trial, the evidence takes on another dimension: how will ordinary people sitting on a jury understand what happened?
Jurors do not experience the accident themselves. They are asked to reconstruct it from testimony, documents, photographs, videos, medical records, expert opinions, and other evidence presented during the trial.
A plaintiff's attorney may ask jurors to consider questions such as:
Does the photograph show what the scene actually looked like?
Is there evidence confirming the plaintiff's version of events?
Is there an independent witness?
What did the medical records say shortly after the accident?
Does the treatment history make sense?
Are the plaintiff's complaints consistent over time?
What activities did the person perform before the accident that they can no longer perform?
Does the physical evidence support the claimed mechanism of injury?
Is there a reasonable explanation for any gaps or inconsistencies?
The defense will naturally look at the same evidence from another perspective.
A defense attorney may ask jurors whether a photograph actually proves what the plaintiff says it proves, whether a witness could have accurately observed the event, whether a medical complaint appeared much later, whether the plaintiff's activities are consistent with the claimed limitations, or whether there is another explanation for the injury.
That is why documentation matters so much.
Good evidence does not merely give your lawyer something to present. It can make the story of the case easier for other people to understand.
Think About Evidence as You Would a Future Jury
You do not need to become an amateur lawyer after an accident.
But there is one useful question you can ask yourself:
"If someone who knows nothing about this accident had to understand what happened six months from now, what would I want that person to be able to see?"
That question often leads to practical decisions.
Take the photograph.
Write down the witness's name.
Save the text message.
Document the damage.
Keep the medical records.
Write down what you could not do that day.
Preserve the damaged item.
Identify the nearby cameras.
None of these things guarantees a successful claim. But each one preserves information that may otherwise disappear.
What Happens to Evidence if Your Santa Clarita Personal Injury Case Goes to Lawsuit?
If a personal injury claim eventually becomes a lawsuit, evidence becomes part of a much more formal legal process.
Documents and other information may be exchanged during discovery. Witnesses may be questioned under oath during depositions. Photographs, videos, medical records, electronic communications, and physical evidence may be reviewed by both sides. Some evidence may ultimately be presented to a jury.
Something that seemed like a minor detail immediately after an accident can take on considerably more importance months later.
A witness's telephone number may become the key to locating someone who saw the entire accident. A photograph taken almost as an afterthought may show a condition that no longer exists. A text message sent immediately after the accident may help establish what was happening at the time.
This is why, when it comes to potentially relevant evidence, preserving too much is generally safer than preserving too little.
A Practical Personal Injury Evidence Checklist
If you have recently been injured in an accident, consider working through the following list.
At or Near the Accident Scene
Photograph the overall scene.
Photograph the specific condition that caused or contributed to the accident.
Photograph vehicle or property damage.
Photograph visible injuries.
Record relevant road, weather, lighting, signage, and surface conditions.
Identify nearby surveillance cameras.
Ask witnesses for their names and contact information.
Report the accident to the appropriate authority or property representative when appropriate.
Obtain a copy of any incident report if one is available.
During the Days and Weeks Afterward
Seek appropriate medical attention.
Keep track of symptoms and changes in your condition.
Save medical records, bills, and treatment instructions.
Photograph injuries as they develop and heal.
Keep track of missed work and activities.
Record accident-related expenses.
Preserve damaged clothing, equipment, and other physical evidence.
Photograph vehicle damage before repairs when possible.
Preserve potentially relevant texts, emails, photographs, and other electronic information.
Identify potential surveillance or dashcam footage before it disappears.
As the Claim Develops
Keep your records organized.
Do not delete potentially relevant electronic information.
Be careful about social media activity.
Follow appropriate medical recommendations.
Tell your attorney about evidence that may exist—even evidence that seems unfavorable or unimportant.
If you believe important evidence may disappear, discuss preservation options promptly.
Frequently Asked Questions
I didn't take many photographs at the accident scene. Is it too late?
Not necessarily. A lack of photographs can make certain aspects of a case more difficult to prove, but it does not automatically prevent you from pursuing a claim. Depending on the circumstances, other evidence may include witness testimony, police or incident reports, surveillance footage, medical records, photographs taken by other people, vehicle damage, and other documentation. You should also photograph and document whatever remains available now.
How long does surveillance footage usually remain available?
There is no universal retention period. Different businesses and camera systems retain footage for different lengths of time, and some systems automatically overwrite older recordings. The practical lesson is simple: if you think a camera may have captured your accident, do not wait unnecessarily before trying to identify the camera and request preservation of the relevant footage.
Do I need permission to photograph someone else's property after an accident?
The answer can depend on the circumstances, including where you are standing and what you are photographing. Generally, photographing conditions relevant to your own accident from a location where you are lawfully present is different from entering restricted property or interfering with someone's operations. Use common sense, be respectful, and do not put yourself or others in danger simply to obtain a photograph.
What if a witness refuses to give me contact information?
You cannot force someone to become a witness. Politely ask, and if the person declines, respect the decision. If you can do so without being intrusive, make a note of the person's general description and what you remember the person saying or observing. That information is not equivalent to having a name and telephone number, but it may provide a lead later.
Should I keep documentation if I am not sure whether I will file a personal injury claim?
Yes. Keeping records is inexpensive and preserves your options. You do not have to decide immediately whether you will pursue a claim simply because you are documenting what happened. It is much easier to decide what to do later when you have preserved the information than it is to recreate events months afterward.
What if I was too badly injured to take photographs?
That is understandable, and you should never put yourself in danger to obtain evidence. If you could not document the scene yourself, other sources may exist. Someone else may have photographs. There may be surveillance footage, witnesses, police reports, medical records, or other evidence. Focus first on getting the medical attention you need.
Can medical records really affect the value of a personal injury case?
Yes. Medical records can help document the timing and nature of symptoms, diagnoses, treatment, progression, and limitations. They can also provide information that insurance companies and attorneys use when evaluating the seriousness and causation of an injury. Medical records are not automatically proof of every allegation in a claim, however. The overall medical history and other evidence still matter.
Should I delete social media posts that could hurt my case?
Do not delete potentially relevant evidence simply because you are concerned about how it might look. Destruction or alteration of potentially relevant information can create problems of its own. Instead, be thoughtful about future posting and discuss specific concerns with your attorney. Social media should be treated as something that may become part of the evidence, not as a private place to tell a different version of your recovery.
What if the evidence seems to contradict my version of what happened?
Tell your attorney about it. Do not hide potentially unfavorable evidence. A lawyer can evaluate the evidence in context and determine whether there is an explanation, whether the evidence is being misunderstood, or whether it creates a legitimate problem with the claim. Discovering an issue early is almost always preferable to having it emerge unexpectedly later.
Is more evidence always better?
Not necessarily. The goal is not to create mountains of irrelevant material. The goal is to preserve reliable information that helps establish what happened, who was responsible, the nature of the injuries, and how those injuries affected your life. When something genuinely may be relevant, however, preserving it early is usually safer than assuming you will be able to obtain it later.
Serving the Santa Clarita Valley
The basic principles of evidence preservation apply throughout the Santa Clarita Valley, whether an accident occurs in Valencia, Saugus, Newhall, Canyon Country, Stevenson Ranch, Castaic, or elsewhere in the Santa Clarita area.
What can change from one accident to another is the particular agency, property owner, business, camera system, or other source that may possess relevant evidence. A roadway collision may involve law enforcement or the California Highway Patrol. A dog bite may involve animal control. A fall at a private business may involve an incident report maintained by the property owner.
The underlying principle remains the same: evidence is easiest to preserve when you think about it early.
You do not have to know whether a particular photograph, witness, text message, report, or video will eventually become important. Your job immediately after an accident is not to build the entire legal case yourself. It is to preserve as much reliable information as reasonably possible while that information is still available.
Months later, your attorney, the insurance company, or potentially a jury may be trying to reconstruct an event that lasted only a few seconds.
The more accurately that event can be reconstructed from reliable evidence, the less you have to rely on fading memories and competing versions of what happened.
