It happens to everyone at some point. If you drive a vehicle long enough, you will eventually be involved in an accident. As we all know, car accidents come in all shapes and sizes, from relatively minor collisions with minimal damages and injuries to life-altering crashes resulting in catastrophic impairments.   

Regardless of the particulars of the wreck, here are a few things that you should always do:

Prioritize Safety and Health

Most importantly, make sure everyone is OK. Check on your passengers, yourself, and everyone in the other car. Immediately. You will have time to be angry or upset later.  Accidents happen, but regardless of who is or is not at fault, medical treatment needs to be sought as soon as possible. Sometimes injuries are apparent, such as broken bones and lacerations, but sometimes they are not so obvious, so-called “soft tissue injuries,” such as neck or back trauma. Err on the side of caution and, if necessary, seek immediate medical treatment. Nothing is more important than your long-term health.

Assess the Need for Emergency Assistance

Determine the need for an Ambulance or Police Assistance. For the reasons described above, if anyone appears to need immediate medical assistance, you must make the call. Similarly, if there is significant vehicle damage or apparent injuries, the police must be called out immediately. Police are trained and equipped to document the scene and assess the situation appropriately. A detailed accident report by a trained police officer can be essential in proving your case for damages from the at-fault driver or insurance company. 

Mind Your Words

Be courteous, but be careful what you say. The aftermath of a car accident can be an awkward and nerve-wracking experience for most. During the idle time between the accident and the arrival of the ambulance or police, people often do and say strange things. For instance, I once had a client injured when another car ran a stop sign. My client did nothing wrong and was in the wrong place at the wrong time. However, this did not stop her from repeatedly apologizing to the other driver as they waited for the police. Was she intending to admit liability and fault in the case? Of course not; most likely, it was just her nervousness and an awkward way of acknowledging that this was an unfortunate situation for everyone. Nevertheless, it didn’t prevent the insurance company for the other driver from trying to argue that the accident was wholly or partially her fault. Be careful what you say!

Gather Evidence

Get Witness Information and take pictures. Even if the police are called out, especially if they are not, it is vital that you or someone with you document as much as possible.  Other drivers often stop and check to ensure no one was hurt in an accident. These are potential eyewitnesses, and most are happy to help you. Make sure to get their names and numbers as soon as possible. Many of these people often leave before the police ever arrive.

It is not uncommon for me to have a client tell me how he is certain we can prove that the other driver was at fault because there were several witnesses to the accident.  Great right?  Until we realize that we don’t know their names and that they are not listed in the accident report.  It is imperative to get their information before they leave!

Similarly, documenting an accident with pictures in this digital camera and smartphone age has never been easier. Have someone take photos of the scene as soon as possible – before everyone starts moving vehicles and changing things.

Seek Legal Guidance

Consult an Attorney as soon as possible. Since this is a blog written by a lawyer, I am sure this one doesn’t surprise you! But on a serious note, having a knowledgeable attorney on your side early in the process can drastically improve the odds of maximizing your case. You need an attorney before you decide to talk to the insurance company. You need an attorney before you make decisions that could jeopardize your chances for a fair and just recovery.

Conclusion:

Knowing what steps to take is crucial in the aftermath of a car accident. Prioritize safety, gather evidence, and seek legal guidance promptly to protect your well-being and legal rights. At HMB, lawyers are experienced in handling these matters, making them a primary focus of our practice.  Whether you retain our firm or another, you must seek an experienced attorney with whom you are comfortable and who will work to maximize your case.