Steps to Take in a Car Accident

Unfortunately, car accidents happen every day. They can result in property damage, physical injuries, or, in the worst cases, fatalities. Depending on the circumstances, individuals can face legal fallout, especially if they violate local driving regulations.

There are specific steps to take in a car accident to protect yourself and others from further injury and financial losses. If you follow them, you’ll have the appropriate documentation you need if you decide to file a claim. 

If you need help recovering damages for medical expenses, lost wages, or other costs following a car accident, Morgan & Morgan can help. Since 1988, we’ve recovered over $13 billion in compensation for our clients, including car accident claims. Schedule a free case review with us to learn more about your options.

Steps to Take in a Car Accident: At the Scene 

Most car accidents happen quickly. There’s little time for the involved parties to move their vehicles out of harm’s way. Following the impact, drivers may experience confusion and need a few minutes to recover mental clarity.

Adrenaline tends to increase significantly following an accident. Increased adrenaline enhances emotional reactions like anger. It can also mask the pain from severe injuries, so victims may think they’re physically okay, even if they’re not.

It’s important to remember that you may not be fully aware of the circumstances of your accident in the minutes and hours following the collision. Try to protect yourself and others as best you can by following these essential tips at the crash scene.

Check Yourself and Others for Injuries

Your first step after a car accident should be taking care of anyone who needs immediate medical treatment. Examine yourself and others in your vehicle for severe wounds that could require a hospital trip, like broken bones and severe cuts. Anyone who shows signs of a spinal cord or traumatic brain injury will need an ambulance. 

Symptoms that warrant an immediate visit to the hospital include:

• Muscle spasms
• Trouble breathing
• Difficulty staying awake 
• Inability to move the body
• Broken bones or fractures
• Sprains or strains to the limbs
• Severe pain in any area of the body
• Severe confusion or mental fogginess
• Deep cuts or lacerations that may need stitches

Call for an ambulance if you or anyone involved in the crash exhibits any of these symptoms. Request that police come to the crash scene as well.

Gather Information About the Crash

While waiting for the police, document the accident as much as possible. Take pictures of any injuries you or your passengers suffered. Photograph all of the vehicles involved in the accident, making sure to capture damage to the cars. If you believe any external factors contributed to the crash, like ice or an oil spill, get a picture of it.

Ask the other drivers for their insurance information. Note contact details, including name, address, and phone number. If the other drivers attempt to discuss the cause of the accident with you or blame you for the collision, stop the conversation immediately. 

It’s not unusual for emotions to run high after an accident, and you want to avoid the potential for arguments. If they begin making accusations, tell them you’re not feeling well and return to your vehicle.

If any witnesses saw your accident, ask them for their contact information. Witnesses can add credibility to your claim if you decide to pursue a lawsuit.

Cooperate With the Police When They Arrive

When the police arrive on the scene, avoid arguments and give them the information they ask for, including your driver’s license and registration. If your car is driveable, they will likely ask you to move it to the side of the road so traffic can pass. 

Answer questions the police have about the accident truthfully. Once they finalize their investigation, they’ll prepare a report that identifies the cause of the accident. You can obtain a copy of the report from your local police precinct.

Sometimes, police ticket drivers for infractions if there’s evidence that they broke the law and contributed to the crash. Note who receives a ticket from the accident. If the police ticket you, accept the ticket but know that you may be able to argue your case in court if you disagree with their findings.

Determine What to Do With Your Vehicle

If you can’t drive your vehicle following an accident, police typically arrange to transport the car to a local tow yard or vehicle repair shop. Find out where they send it so that you can arrange for its inspection and repairs.

You can drive your vehicle home if it doesn’t have any significant damage. However, be careful if you decide to do so. Your car may have internal damage that isn’t visible, and driving the vehicle could worsen the problems. 

Steps to Take in a Car Accident: After the Wreck 

In the days following your accident, you’ll need to make some decisions and take care of your health. 

Visit A Doctor or Urgent Care Center for a Checkup

If you didn’t go to the hospital immediately following your car accident, you should still see a doctor within three to four days. Some severe wounds, like internal bleeding and traumatic brain injuries, may not be immediately apparent. Monitor yourself for symptoms of internal injuries, including:

• Pain
• Bruising
• Mood swings
• Vision changes
• Severe headaches
• Difficulty speaking
• Feeling unusually tired
• Nausea or stomach upset
• Problems with concentration
• Dizziness or problems with balance

Car accident victims are also susceptible to whiplash. Tell your doctor if you have pain in your neck or back after a vehicle crash.

Once your doctor gives you a diagnosis and treatment plan, follow it to the letter. Take the medications the doctor prescribes and follow up with specialists, if necessary. 

Notify Your Insurance Company About the Accident

Make sure that you tell your insurance company about the collision. Provide them with basic information about the wreck and let them know where the car is so they can begin the inspection process.

If you’re considering a lawsuit, don’t give any written or verbal statements about the cause or circumstances of the accident. If you provide the insurance company with information that indicates you may be responsible, they can use your words against you in a legal claim.

Seek Legal Assistance

Finally, you’ll want to speak with an attorney. A lawyer can advise you of the legal options available, even if you’re not sure you want to pursue a lawsuit. 

At Morgan & Morgan, our initial consultations with potential clients are free. If you decide not to pursue a claim, at least you’ll know about the alternatives available to you.

Can I File a Lawsuit if I Am Partially at Fault for the Accident?

Your state’s laws concerning fault will determine whether you can file a lawsuit in a car accident. There are two categories that a state can fall into: no-fault and at-fault.

In a no-fault state, each driver’s insurance company covers the repairs to their vehicle and medical expenses resulting from the crash. 

Drivers in the state must carry personal injury protection (PIP) policies that provide the requisite coverage. While PIP coverage takes care of most damages, in cases where a policyholder experiences severe or life-altering injuries, they may still be able to sue the at-fault driver.

In an at-fault state, the insurance provider of the person responsible for the wreck covers repairs to the vehicle, expenses, and other associated costs. Insurance companies for both parties typically evaluate the circumstances of the accident to determine who is responsible. 

Determining responsibility for a car accident isn’t always clear-cut. The claim will warrant additional investigation if both parties carry some fault for the wreck.

An attorney can help you understand your state’s laws and whether you can file a lawsuit.

What Should I Do if the Other Party Doesn’t Have Car Insurance?

It is illegal in almost every state to drive a motor vehicle without car insurance. If the other driver in your case doesn’t have insurance, they may face charges and be held personally liable for your expenses from the accident.

Most insurance policies include coverage for drivers who get into a collision with someone who doesn’t have insurance. Your attorney can review your policy to determine whether your provider will cover your expenses while you pursue a claim against the other driver.

What if Insurance Doesn’t Cover All of My Expenses From the Accident?

Sometimes, insurance policies don’t cover the full extent of your expenses, including car repairs and medical costs. If you or the other driver has a policy that covers the bare minimum, you may be stuck footing the bill for some of your expenses, especially if you are at fault for the accident.

It’s best to ask an attorney to review your insurance policy as well as that of the other driver. A careful review can determine what the policies cover and whether you’ll need to pursue a lawsuit to recover the balance of your losses.

Should I Accept a Settlement From an Insurance Company?

Individuals in severe car wrecks who experience serious injuries may have an insurance company contact them and offer a settlement. It’s best not to accept any payment without a lawyer’s review. 

Insurance providers often try to preempt lawsuits, especially when they know that a client has legal grounds to pursue significant amounts of money. Even if their settlement appears satisfactory, speak with an attorney to ensure that you’re not taking less than you deserve.

Are There Any Other Steps to Take in a Car Accident?

While a car accident can be a terrifying event, remaining calm will help you navigate the aftermath. Avoid heated arguments with other parties involved in the crash, and cooperate with the police, even if you’re responsible for the accident.

You should also consider the location of the accident and determine its impact on traffic. If the collision occurs on a busy interstate or other thoroughfare, move your car to the side of the road, if possible. Moving your car will prevent other drivers from accidentally running into your stopped vehicle. 

If you can’t drive your car, turn on the hazard lights so drivers know your vehicle has a problem.

Next Steps to Take in a Car Accident: Call Morgan and Morgan

Outside of seeking medical attention, the best thing you can do for yourself following a car accident is to get legal advice. Attorneys can help you understand your rights and ensure that no one takes financial advantage of you during a difficult time. 

Contact the skilled legal team at Morgan & Morgan to schedule your free case consultation.