Protecting Your Rights Starts at the Accident Scene
No one expects to be involved in a car accident. Unfortunately, tens of thousands of Americans experience one daily. Even worse, very few of these individuals realize that the outcome of all car accident cases often depends on what happens at the scene. So, what are the first legal actions to take immediately after a car accident?
The answer to this question can get complicated, and the appropriate steps could vary depending on the circumstances of your collision. However, the important thing you remember is that procrastination is never your friend. If you have the ability to take the following legal actions, then you should do so as soon as possible.
Contact Authorities
The first legal action to take after a car accident is contacting local authorities. The specific first responders who visit the scene will largely depend on what you tell the operator. If injuries are suspected, an ambulance will likely arrive. If no one suffered any obvious injuries, it’s probably the case that only a police officer will be dispatched.
This is your opportunity to file a police report. This report will play a critical role in the legal process moving forward. However, recognize that different states have different requirements. For instance, California requires that accidents be reported within 24 hours — but they say that doing so is not necessary if no injuries or serious property damage occurs.
Unfortunately, the extent of injuries or property damage will not always be immediately apparent. That’s why it’s typically in your best interest to always contact local authorities.
Exchange Information
Even if you’re certain there’s no need to file a police report — an assumption that can prove very costly down the line — you should always exchange information with the other driver. This includes your names, vehicle information, phone number, insurance provider, license plate number, driver’s license number, and other pertinent information.
While this might not seem like a legal action, it will have a tremendous effect on your legal avenues of recourse moving forward. This information is what you’ll use to seek compensation from the other driver’s insurance company. It also becomes important if it turns out the other driver wasn’t being completely honest about everything — such as having insurance coverage.
Document the Scene
After a motor vehicle collision, your ability to secure compensation will often depend on what can be proven. That’s why it’s so important to document the scene whenever possible. Put simply, there’s no guarantee that the other driver will be honest about what happened. After all, no one wants to see their insurance rates go up because they were at fault in an accident.
Take photographs and videos of everything. This includes damage to vehicles, skid marks, road conditions, the point where the collision first occurred, and even the surrounding area. You never know what might turn out to be a piece of crucial evidence in your case. Take time to get witness information as well, if anyone saw what happened.
All this evidence can greatly simplify many of the legal steps necessary after an accident.
Seek Medical Attention
Even if you believe you only suffered minor injuries, it’s still important to seek medical assistance. Yes, this sounds more like a treatment action rather than a legal action to take immediately following a car accident. Like the exchange of information on the scene, though, this non-legal step will have a significant effect on future legal actions.
That’s because it’s not enough to simply tell courts and insurance companies that you suffered injuries. You need evidence of this fact. And since some injury symptoms don’t show up for days — or even longer — it’s critical to get a proper medical evaluation as soon as possible. What your doctor discovers will be central to any compensation you’re able to secure.
Keep Detailed Records
Even if you’re successful at completing all the first legal actions to take immediately after a car accident, your dedication may be wasted if you don’t keep detailed records. Maintain a file that contains all documents related to your accident. This should include the police report, medical records, repair estimates, insurance correspondence, and any other legal documents.
You should also track and maintain a record of all expenses related to the accident. This goes far beyond just your medical bills. Expenses can include vehicle repairs, transportation costs, lost wages, and any other financial burden you encounter. You’ll also find that you might pay less for an attorney when they don’t have to track down all these documents themselves.
Alert Your Insurance Company
As with many of the legal actions to take immediately after a car accident, notifying your insurance company could occur at different times. You may be able to do it while waiting for your doctor’s appointment, or if you contact a law firm soon after your accident, perhaps you’ll contact your insurer after speaking with an attorney.
Regardless of when you take this step, notifying your insurance company is an essential legal action. Make sure you provide them with the necessary details and cooperate with any investigation. However, you should always avoid speculation and never admit any level of fault. This is why it’s often recommended to speak with a lawyer before contacting insurance companies.
Consult With an Attorney
Unfortunately, many of the most important first legal actions to take immediately following a car accident are not well-known. In fact, most people never even search the internet to learn these steps until days after their crash. However, you shouldn’t let this dishearten you.
Personal injury attorneys frequently handle cases where many of these steps were overlooked.
In fact, such situations don’t even require that accident victims overlook certain steps. In many cases, they’re simply unable to perform them. For instance, a person who suffers serious injuries in a collision probably doesn’t have the ability to document the crash scene. No matter how many steps you were unable to accomplish, a lawyer can still assist in your case.
At Gibson & Hughes Attorneys at Law, our dedicated legal team is committed to securing favorable outcomes on behalf of our clients. Contact us at 714-406-0998 to schedule your free consultation.
