Proving what actually occurred is crucial at the time of setting liability and compensation, therefore the evidences are essential in this type of proceedings.
In general we could say that all types of evidence, relevant to the process and admissible by Law could be used. The following are particularly important:
POLICE REPORT
The police statement (atestado) is the police report filed by the competent authority (in Spain it is done normally by the Civil Traffic Guard (Guardia Civil de trafico)
This is normally the most important proof and the judges tend to give it greater importance and relevance for its great value as evidence, being in most occasions the base for most Court Orders.
The value of this statements (atestado) is indisputable because it contains many photographs, data, evidence etc. and it is done by an impartial authority which has expertise in the mater, usually immediately after the accident occurs.
The attestation must have some minimal contents and requirements to be valid in terms of objective facts of the accident and the persons involved, description of the facts, and statements of the parties, etc.
While it is true that the document itself has intrinsic value because it contains a series of proofs and objective data collected by the authorities, as well the presumption of truthfulness; it must be reiterated and confirmed in the trial by the officers who drew it up and took part in it. This is done in order to unfold all evidentiary purposes being this procedural ratification a guarantee expected in our Law, for the parties to obtain the relevant clarifications and confirmations they choose to be convenient.
As we have previously stated, normally the attestation will be decisive in those cases where this type of statement exists
In those cases where there is no attestation done by the relevant authorities, then another kind or proof becomes really important, such as:
Friendly Accident Declaration
This declaration or European accident Declaration is very important as it is normally done immediately at the time and place of the accident, and spontaneously by the partied involved without receiving any advice from the experts in this field.
The importance and appreciation of these statements by the Judge is based on the fact that truly this can be considered as a kind of confession; an acknowledgement of facts made by the parties involved, and thus its evident value.
In addition to the above evidence, there are numerous tests that can provide the Judge with true knowledge of what really happened including the witnesses of the accident, photographs taken after the accident by the parties involved or the witnesses, experts reports, etc.
As we have previously pointed out, if you suffer a traffic accident make sure to collect all the necessary proof and evidence to be able to show the Judge exactly what happened and to help him to determine responsibilities.
Should any reader find himself or herself in this situation or similar please do not hesitate to contact us and the appropriate advice will be provided.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
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