A number of factors can threaten your legal rights after a car accident. It is essential to protect your rights, especially if another driver caused your accident. Failure to do so could impact your ability to collect compensation for medical bills, lost wages, property damage, and other losses.
This article will discuss some essential steps to take following a car accident, so you can ensure your safety and health while also building a strong case for compensation.
One of the most important things you can do to protect your rights following a car accident is to contact a personal injury lawyer. At Fielding Law, we offer a free case review. Call us or complete the contact form to schedule an appointment with us today.
Move to Safety and Call 911
Your top priority immediately after a car accident should be your safety and the safety of others. If possible, move to a safe location away from traffic. Turn on your hazard lights to warn other drivers of the traffic hazard.
Another essential step to take right after an accident occurs is to call 911. This action is crucial for several reasons:
- Emergency response: Calling 911 ensures that emergency services will arrive at the car accident scene as soon as possible to aid anyone who has been injured.
- Official police report: A police report creates an official record that documents the details of your car accident. This report can be a valuable piece of evidence when you go to file a personal injury claim.
- Legal requirements: In most states, calling 911 is required if there are injuries or significant property damages. Failure to do so could result in fines or penalties.
Get Immediate Medical Assistance
According to a recent annual report in the US, over 5 million people sought medical aid for motor vehicle-related accidents. Even if you initially feel fine after the motor vehicle accident, it’s ideal to immediately get medical help.
Some injuries, such as whiplash, concussions, or internal bleeding, might not present symptoms for hours or even days after the incident. By going to a doctor right away, though, you can catch these symptoms early and receive the treatment you need.
In addition to protecting your health, seeking medical assistance after a car accident is one of the most important things you can do to protect your rights. When you receive medical care, hospitals create medical records that document your injuries.
Medical records serve as vital evidence in personal injury claims since they provide clear documentation of the extent of your injuries and their connection to the car accident. Insurance companies and courts often rely on medical records when determining compensation for injuries.
Additionally, delaying medical treatment can be detrimental to your personal injury case. If you wait days or weeks to seek care, the opposing party or their insurance company may argue that your injuries were not caused by the accident or that they were less serious than you claim.
Do Not Admit Fault
After a car accident, you should exchange contact and insurance information with the other parties involved. However, be careful not to admit fault or say anything that could be construed as an admission of guilt.
You may think that you caused the accident when you actually didn’t. A determination of fault can only be decided by the court. By admitting fault, you could be giving up any chance you have of collecting a fair settlement reward.
Gather Evidence at the Car Accident Scene
While at the scene of the accident, collecting evidence is one of the most important things you can do to protect your legal rights.
Collecting the following evidence can help protect your rights:
- Photos: Photos can serve as proof of the severity of the crash and provide visual evidence of how the accident happened
- Official documents: Copies of medical records, repair bills, and any other documentation related to the accident enable us to quantify your losses and provide a clear picture of the financial impact the accident has had on you
- Witness statements: Witnesses provide third-party accounts of the accident and can help corroborate your version of events
- Physical evidence: Skid marks, road debris, or vehicle damage enables experts to reconstruct the accident to show how fast the vehicles were traveling and whether one driver made an evasive maneuver
Notify Your Insurance Company
When you notify your insurance company of the car accident, you initiate the claims process. Be honest in providing them with the details of the accident, but be cautious about what you say.
Anything that you say to the insurance adjuster could potentially affect your claim. Try to stick to the facts; don’t admit fault or downplay your injuries.
Common Mistakes That Can Hurt Your Claim
Even when the other driver clearly caused the crash, a few common missteps can reduce what you recover or give the insurance company a reason to deny your claim:
- Leaving the scene. Texas law requires drivers to stop and remain at the scene, give their information and help anyone who is hurt. If you hit an unattended parked car, you must find the owner or leave a written note with your name and address. Leaving can lead to criminal charges and damages your credibility.
- Agreeing not to call the police. Never agree to keep a crash “off the record.” Without an official report, the other driver can change their story or give you false information, and the insurer may question whether the crash happened as you describe.
- Apologizing or guessing about fault. A polite “I’m sorry” can be used as an admission. Stick to the facts and let the investigation decide fault. Another driver, a road crew or a vehicle defect may share responsibility.
- Waiting to see a doctor. A gap in treatment lets the insurer argue that your injuries were minor or unrelated to the crash.
- Accepting the first settlement offer. Early offers are usually far below what a claim is worth. Once you sign a release, you cannot reopen the claim if your injuries turn out to be worse.
Hire a Personal Injury Lawyer
An essential step to protecting your rights after a car accident is hiring a personal injury lawyer.
A personal injury attorney will:
- Provide legal guidance: Your personal injury lawyer will explain your rights and legal options
- Communicate with the insurance company: Your personal injury attorney will handle all communication with the insurer and ensure you don’t unintentionally say something that could jeopardize your right to compensation
- Negotiate a fair settlement: A car accident attorney will know the value of your insurance claim and fight for the maximum compensation you deserve
- Represent you in court: If your case goes to trial, your lawyer will advocate for your rights in court
Our Car Accident Lawyers Will Protect Your Rights
While there are several steps you can take to protect your rights after a car accident, the best thing you can do is contact a personal injury lawyer. At Fielding Law, we can make sure that your car accident claim stays on track and that you receive fair compensation for your damages.
Our car accident attorneys are ready to discuss your case and walk you through the process of filing a claim against the negligent party. The lawyers at our law firm have years of experience in successfully handling car accident cases, and we want to help you get back on your feet.
Contact us today to schedule a free case consultation. Call us at (877) 880-4090 or complete the contact form to schedule an appointment.
