Car Accident

What to Do Following a Car Accident

A car accident can result in a chaotic scene immediately following the wreck. There are certain action steps you should take to protect yourself and your rights.

Immediately following the crash:

• Turn on your vehicle’s emergency flashers so other vehicles can see you
• Assess whether anyone is injured – call 911 for an ambulance if required
• Get out of your car if it is safe to exit and you are physically able
• Check with the occupants of other cars to see if anyone is hurt – call 911 for help if needed
• Call law enforcement and if the accident is not severe, request a police report be filed
• Exchange information with other drivers; in most cases the police will assist in the information exchange. Law enforcement will investigate drivers for intoxication.
• Document, Document, Document – If you have a camera on your cell phone, get photos of the accident scene, vehicles involved, road surface, weather conditions, traffic signs, injuries, etc. – sometimes police overlook important evidence
• Get contact information of witnesses
• Seek medical care even if you believe your injuries are minor. Many develop over days and weeks.
• Keep COMPLETE records of every aspect of your car accident including medical bills, missed time from work, travel, vehicle repair estimates, and a written recollection of everything leading up to your accident, the accident itself and what occurred following the wreck
• Report the accident to your insurance company and ask about time limits to file your claim. If injuries were severe, contact your attorney who will immediately get to work protecting your rights.
• Do not start an argument or admit guilt. Do not talk about the accident with witnesses or the other drivers. What happens at an accident scene is often used against a victim at a later date.
• Do not leave the scene of the accident until the officer permits you to do so

Working with a Car Accident Lawyer

If you sustained injuries in a car accident, you may be eligible to file a personal injury lawsuit against the responsible party(s) that caused the accident to recover damages. In this type of legal claim, you and your car accident lawyer attempt to prove that the other driver involved caused the accident because they failed to take reasonable care. To demonstrate that an individual did not use reasonable care, there are three important items your attorney must prove. First, that a legal duty existed to use care, that a violation of the duty occurred, and that a direct relationship exists between the injuries sustained and the violation of duty.

In some cases more than one liable party is named in a car accident personal injury lawsuit. Examples could include a governmental entity in charge of road maintenance, the employer of a negligent driver, a bartender, server or social host in states that have Dram laws in effect, etc. When a legal claim becomes complex due to the involvement of multiple parties, it is difficult to resolve without the skill of a car accident lawyer that has extensive experience litigating motor vehicle accident cases. Your car accident lawyer will conduct an in-depth investigation working with a team of experts such as accident recreation specialists, expert witnesses in the medical field, engineers, private investigators and more to identify all parties with at least partial responsibility. Most attorneys provide a free initial consultation and will assess and advise you on the merits of your claim.