After an Accident, What Evidence Should You Preserve?

October 19, 2026, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

After an accident, your priority is getting medical attention and starting your recovery.

But if you have suffered a serious injury because of someone else's negligence, another issue can become important very quickly:

What evidence can help establish what happened?

Personal injury claims are ultimately decided on evidence. The more quickly important evidence is identified and preserved, the easier it can be to understand the circumstances of an accident and its impact on your life.

Start with the accident scene

If you are physically able to do so safely, photographs can be extremely valuable.

Depending on the circumstances, photograph:

• The location of the accident
• Road and weather conditions
• Vehicle positions and damage
• Hazards or obstructions
• Traffic signs and signals
• Property conditions
• Visible injuries
• Damaged clothing or personal property

Take close-up photographs and wider images showing the surrounding area.

Conditions can change quickly. Ice melts, snow is removed, vehicles are repaired, and hazards may disappear.

A photograph can preserve evidence that otherwise may no longer exist.

Medical records are important evidence

Medical documentation can help establish when symptoms began, what injuries were diagnosed and how those injuries progressed.

Be specific with healthcare providers.

Don't simply describe an injury as “back pain.”

Explain how it affects your ability to work, sleep, exercise, drive, care for your family or perform everyday activities.

An injury is about more than a diagnosis. Its functional impact matters.

Don't overlook witnesses and video

• A witness may have seen something you didn't.
• A dashcam may have captured the collision.
• A business security camera may have recorded a slip and fall.
• Doorbell cameras and other surveillance systems can also sometimes provide useful evidence.

The challenge is that video footage may not be retained indefinitely.

If surveillance could be relevant, identifying it early can be important.

Keep track of financial losses

An injury can create expenses that weren't part of your normal budget.

Keep records of:

• Medical and rehabilitation expenses
• Prescription medications
• Transportation
• Parking
• Equipment
• Home assistance
• Lost income
• Other accident-related expenses

Also keep employment records showing missed work, reduced hours or modified duties.

Social media can become relevant

People naturally want to share what is happening in their lives.

But social-media posts can potentially become evidence in a personal injury dispute.

A photograph or post may not accurately reflect the full extent of someone's injuries, but it can nevertheless be reviewed by insurers or opposing counsel.

A good rule is simple:

Think carefully before posting about your accident, injuries, activities or recovery.

Evidence should tell the complete story

A personal injury claim isn't simply about proving that an accident happened.

The evidence needs to help answer several questions:

1. What happened?
2. Who was responsible?
3. What injuries resulted?
4. How have those injuries affected the person's life?
5. What financial and future consequences may result?

That is why preserving evidence early can be so important.

What should you do after a serious accident?

• Seek medical attention.
• Report the accident where appropriate.
• Preserve photographs and other evidence if you can safely do so.
• Keep your medical and financial records.
• Identify witnesses.
• Avoid deleting potentially relevant photographs, messages or video.
• And if you have suffered a significant injury, consider obtaining legal advice before making important decisions about your claim.

The circumstances of every accident are different.

At Deutschmann de Koning Law, we help injured people throughout Kitchener-Waterloo, Cambridge, Guelph, Woodstock and Southwestern Ontario understand their legal rights and options.

This article provides general information about Ontario personal injury law and is not legal advice. The evidence required and legal issues involved depend on the circumstances of each case.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.