How to Preserve Evidence After a Car Accident in Houston
The evidence you collect in the hours and days after a crash can make or break your personal injury case.
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Why Evidence is the Foundation of Your Case
In Texas personal injury cases, the burden of proof is on you — the injured party — to show that the other driver was at fault and that their negligence caused your injuries. Without strong evidence, even the most serious injuries can result in little or no compensation.
💡 Tip Think of evidence collection as building your case from day one. Every photo, every document, and every witness statement is a brick in the wall of your claim.
At the Scene: Collect Everything Immediately
If you are physically able, collect this evidence before leaving the scene:
- Photos of all vehicles (all angles, all damage)
- Close-up photos of your injuries
- Photos of skid marks, road conditions, traffic signs
- Video walkthrough of the full accident scene
- License plates of all vehicles involved
- Driver’s license and insurance info from all drivers
- Names and phone numbers of all witnesses
- Badge number of the responding police officer
In the Days After: Critical Evidence That Disappears Fast
Many types of evidence have very short windows before they’re gone forever:
- Traffic camera & dashcam footage — often deleted in 30–72 hours. Request immediately.
- Business surveillance cameras nearby — 7–30 day retention typical
- Cell phone records of the at-fault driver — requires legal subpoena
- Black box (EDR) data from vehicles — can be overwritten
- Witness memories — degrade quickly without recorded statements
⚠️ Warning Once a critical piece of evidence is deleted, it’s gone. This is why hiring an attorney within days — not weeks — of your accident is so important. Attorneys can send legal preservation letters immediately.
💡 Tip If you know of a nearby business with cameras (gas station, store, restaurant), ask them to preserve footage immediately. They are not legally required to keep it unless officially requested.
Medical Evidence: Build Your Paper Trail
Your medical records are critical evidence connecting the accident to your injuries:
- ER visit records and discharge papers
- Every follow-up appointment and treatment note
- Imaging results (X-rays, MRI, CT scans)
- Physical therapy records
- Prescription records
- Bills and invoices for all care
💡 Tip Keep a daily injury journal. Write down your pain levels, what activities you can’t do, how your injuries affect sleep, work, and family life. This documents non-economic damages that insurance adjusters often dismiss.
⚠️ Warning Do NOT post about your accident or recovery on social media. Insurance investigators monitor accounts and use photos and posts to dispute injury claims.
📍 Serving Greater Houston & Surrounding Areas
- Houston / Harris County
- Katy / Fort Bend County
- Pasadena
- Sugar Land
- Spring / The Woodlands
- Conroe / Montgomery County
- Pearland / Friendswood
- Missouri City
- Baytown
- League City
Frequently Asked Questions
How long do I have to preserve evidence after a crash?
Start immediately. Traffic camera footage is often deleted in 24–72 hours. Business surveillance may be gone in 7–30 days. Dashcam footage can be overwritten. The window is very short — contact an attorney right away so they can send preservation letters.
What if I didn’t take photos at the scene?
Don’t panic. Your attorney can still gather evidence through other means: police reports, witness statements, surveillance requests, black box data, and expert accident reconstruction. But act fast — the sooner, the better.
What is a “spoliation letter” and does my attorney send one?
A spoliation letter is a legal notice sent to the at-fault party and their insurer demanding they preserve all evidence related to the accident. Violating a spoliation letter can result in serious legal consequences. Yes — a good personal injury attorney sends these immediately.
Can the other driver’s cell phone records be used as evidence?
Yes. If distracted driving is suspected, your attorney can subpoena the at-fault driver’s cell phone records to show they were texting or calling at the time of the crash. This requires a formal legal request.
Should I keep all my medical bills and records?
Absolutely. Keep originals of every medical document — bills, reports, prescriptions, imaging results. These are direct evidence of your economic damages. Also keep all receipts for out-of-pocket expenses related to your injury.
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