Learn The Law

What To Do After an Accident

A car accident can be a very scary and stressful event.  It is one of those moments where time slows down as the impact occurs.  In the event of a serious car accident an ambulance may be called and it is likely best that if you are severely injured you should not try to move or you will risk exasperating your injuries.  In these situations you typically do not have the option to do the things on the list but do not worry.  The most important thing when you have major injuries is to get them treated.

For all other situations there are a few rules of thumb that you should always do following an accident:

1) Before The Accident: Before the accident occurs you should always be prepared in the event of an accident.  This means having a pen and paper in your car to take down information of other drivers and witnesses, and a camera on hand to take pictures of the damage to your vehicle if necessary.  These days most cell-phones have good cameras and note taking functions but if your phone doesn't have these functions be prepared with a pen, paper and camera. 

2) Stay Calm: Although car accidents can be very scary especially when loved ones and family are involved it is very important to stay calm.  In most situations a car accident is not done intentionally which is why they are called accidents.  Do not get angry with the other driver and if there is any criminal activity such as drunk driving immediately call the police. It is also important to stay calm especially if there are young children in the car so they are not further traumatized by the event.

2) Make Sure Everyone Is Ok: Your first thoughts should be about the safety of the people in your vehicle and the other vehicle.  If anyone is hurt you should immediately call for an ambulance even if the injured person is the one who caused the accident. Human life always takes precedent over any legal matter.

3) Call The Police: Calling the police is an important step after getting into an accident.  Having a police report of the incident will be very important for establishing the facts of the event.  Even though the accident was likely a traumatic event it is often surprising to clients how little of the details of the event the truly remember 2 years later.  The process of litigation is a long and complicated one and it is often many years before you are able to put your side of the story on the record in a deposition.  The existence of a valid police report will often put an end to many of the conflicting stories.

4) Do Not Admit Fault- Anything you say can and will be used against you in a court of law.  This is a statement that you may have heard more times then you care to remember on Law and Order, but it is a good piece of advice to remember.  If you say anything even if it is innocently trying to defuse the situation, such as: "I must not have seen you coming" or "I'm so sorry" could be damaging to your case.  Instead, make sure that the people in the other vehicle or vehicles are safe, get their information, and go home and rest.

5) Find Witnesses-  If there is anyone around who saw the accident make sure to get their names and contact information. In most legal battles over liability it is often a "he said she said" debate as to how the accident occurred.  Having an objective third party witness will strengthen your case immensely.  Often times the police will take records of third party witnesses however often they forget so if you are not severely injured be proactive in getting this information.

6) Get Medical Attention ASAP!- One of the biggest mistakes our clients make is that they wait before seeing a doctor to document their injuries from the car accident.