Why It’s Important to Know What To Do After Being In a Car Accident
Car accidents are an unfortunate reality with millions happening every year in the United States. According to the National Highway Traffic Safety Administration (NHTSA), approximately 6.3 million police-reported car crashes took place in the U.S. in 2022. These accidents didn’t only cause injuries and damages, but often turn into complicated legal issues. Having a clear understanding of what steps, specifically, should be taken immediately after a car accident is critical to protecting yourself legally, financially and medically.
Documenting the Scene After a Car Accident
The immediate moments after a car accident are critical for gathering the information that may act as evidence in the future. In many cases, this evidence will play a vital role in the outcome of insurance claims or even potential court cases in the future. These are the key actions to take:
- Take Photos and Videos: To avoid any misunderstandings about what actually occurred, avoiding potential disputes or opportunities for the other party to misrepresent the facts, it’s essential to document the scene visually. Take photos of the vehicles involved from many different angles. Photograph the entire scene, including the total surrounding area. This includes any skid marks that might be visible, people who are on the scene, road signs or debris that may have been scattered. This will provide a clear, unbiased record of the scene.
- Collect Witness Information: Witness testimony can often tip the scales in legal disputes. This is especially in accidents where significant injuries occurred. In these instances, fault is often contested due to the financial obligations that can stem from them. Witnesses can increase the reliability of accident reports by providing third-party perspectives. While the police will interview bystanders to understand fault, ensuring you have the ability to follow up with them at a later date is cruicial. Ask for contact details from anyone who saw the accident unfold, as their statements could be pivotal in supporting your case.
- Note Road Conditions and Traffic Signs: Nearly 21% of vehicle crashes are related to poor weather conditions, according to the Federal Highway Administration. Make notes about the road conditions (wet, icy, etc.), visibility, traffic signals, and other environmental factors. This information can help reconstruct the accident and provide clarity if the weather or road conditions played a role in causing the crash.
Seeking Medical Attention after a Car Accident
Even minor accidents can result in injuries that might not be immediately noticeable. According to the Insurance Research Council, nearly one-third of all car accident victims seek medical attention days or even weeks after the accident. Here’s why it’s so important to get immediate medical attention following any car crash:
- Injury Documentation: First and most importantly, injuries such as concussions, whiplash, and internal bleeding may not obvious immediately after an accident. Car accidents are traumatic, causing the physiological changes in the body, such as a sudden rise in adrenalin, can cause symptoms to be masked. However, it is common for symptoms to become apparent over time. Moreover, some symptoms that seemed inconsequential initially, can seriously worsen over time. Getting an immediate medical evaluation ensures that these injuries are identified early and treated appropriately. An official medical record of your injuries is essential if you decide to pursue a personal injury claim.
- Building a Medical History for Legal Claims: When it comes to ensuring you’re protected in the event you need to pursue a legal resolution, your medical records can serve as key evidence. In the event of a lawsuit, showing that your injuries were directly caused by the accident can become a differentiating factor in the size of a potential judgement in your favor. Without this documentation, it may be difficult to prove the extent of your injuries or link them to the accident. Unfortunately, this can potentially jeopardize any future compensation.
Notifying Authorities and Insurance Companies
Reporting the accident to the authorities and your insurance company is not only required by law in many cases, but also helps lay the foundation for any legal actions or claims.
- Police Reports Are Crucial: According to NHTSA, police-reported crashes form the basis for nearly all legal claims. A formal police report serves as an unbiased account of the incident. It will include details about the drivers and conditions and will provide an initial assessment of who was at fault.
- Reporting to Your Insurance Company: Timely reporting of the accident to your insurance company is also incredibly important. Most policies require you to report the incident within a specific timeframe. However, what you say to your insurer can impact your claim. According to data from the Insurance Information Institute (III), nearly 15% of claims are denied due to statements or actions by the policyholder that contradict coverage terms. As a result, it’s important to stick to the facts and avoid speculation about fault.
Always Avoiding Admitting Fault to a Car Accident
After an accident, it’s natural to feel shaken or even apologetic. However, it’s always critical to avoid admitting fault. It’s more than just a matter of the potential legal consequences, as saying the wrong thing at the wrong time can inadvertently limit the amount of compensation you may receive in a dispute.
- Legal Implications of Admitting Fault: Ultimately, fault plays a major role in determining liability and compensation. Even a simple apology could be construed as an admission of fault, which might be used against you later in court or by insurance companies to reduce your compensation. A 2020 study by the American Bar Association noted that statements made at the scene of an accident could reduce a victim’s claim by up to 25%.
- Stick to the Facts: When talking to other drivers, police, or witnesses, limit your statements to the facts—what you saw, what happened, and the immediate outcome. Let the police and insurance investigators determine fault based on evidence.
The Importance of Consulting with a Personal Injury Lawyer
If the accident results in injuries of any kind, significant property damage, or disputes over liability, consulting with an experienced personal injury lawyer is essential. Studies show that accident victims who have legal representation are much more likely to receive fair compensation. Here’s why:
- Guidance on Legal Procedures: Car accident claims can involve complex legal and insurance processes. A lawyer with expertise in automobile accidents can guide you through these procedures, from filing a claim to negotiating with insurers. According to a report by the Insurance Research agency, individuals represented by lawyers in personal injury cases received settlements that were, on average, 3.5 times larger than those without legal representation. To help identify an experienced attorney you can read our guide to assessing the experience of a personal injury lawyer.
- Navigating Insurance Claims: Insurance companies are often more inclined to offer lower settlements to unrepresented individuals. A lawyer can help ensure that you receive fair compensation for medical bills, lost wages, and damages, while also handling communication with insurance adjusters. In many cases, hiring a lawyer can speed up the claims process and lead to a more favorable outcome.
Wrapping Up
Knowing what to do after being in a car accident is so important when you’ve been involved in such a traumatic experience. By taking the right steps, you can protect your legal rights and ensure that the aftermath is managed properly. Documenting the scene, seeking prompt medical attention, notifying authorities, avoiding admissions of fault, and consulting with a lawyer are critical actions that can safeguard your interests. With the right approach, you can ensure that you are fully protected, both legally and physically, following a crash.
Additional Sources of Information
Car Accidents Statistics: For the data on police-reported car crashes in 2022, including the estimated number of fatalities and other related statistics, you can refer to the National Highway Traffic Safety Administration (NHTSA) report NHTSA
Distracted Driving Data: The NHTSA also provides detailed data on the impact of distracted driving, including the number of fatalities and injuries attributed to distracted drivers. You can find more information on this topic in their report NHTSA
Mayo Clinic: The Mayo Clinic underscores the importance of prompt medical attention for injuries such as whiplash and other soft tissue injuries that are common in car accidents. They highlight that symptoms can be delayed and that early treatment can prevent chronic conditions and long-term pain. The Mayo Clinic also discusses how ongoing treatment plans, such as physical therapy, are essential for a full recovery from such injuries. Mayo Clinic on Whiplash Management