It is understood that anyone involved in a traffic collision may still be in shock a few minutes after the incident. However, if you are in the situation, it is crucial to have a sound mind and stay alert so you’ll know the next steps that you need to do.
If you got involved in a traffic accident and have sustained an injury, you should take the steps below immediately after the accident. But before that, let’s first define what traffic collision is.
What Is a Traffic Collision?
Traffic collisions are one of the most common types of accidents that occur on a daily basis. The problem with accidents that involve cars, trucks, buses, and other vehicles is that drivers never admit that they are at fault. In order to determine what caused the traffic accident, you need to know how a traffic collision happens so that you can be more aware of how to avoid it in the future.
Basically, a traffic collision occurs when one driver who fails to notice that another vehicle has moved into their lane goes in the same direction, causing a fender bender. If the other driver acquires an injury or suffers property damage as a result of the collision, the person who caused the accident will be held liable for damages.
Steps To Follow After A Car Accident
Now that you have learned about traffic collisions, it’s time to enumerate what steps you should follow right after an accident, so you’ll know what to do if you become faced with this situation.
1. Prioritize Health And Safety
Before anything else, your health and safety must be your utmost priority. Drive your car to a safe place if you’re in the middle of the road. You don’t want other vehicles to crash into your car again after the initial incident, which can compromise your life and the lives of all your passengers.
Call 911 so they can send an ambulance for the injured and the police for emergency response. All injured people will need to be transported to a hospital or medical facility for further medical attention.
2. Gather Evidence
As you try to gather all the information that is relevant to your case, it is crucial to contact a motor vehicle accident lawyer like Valent Legal to assist you in gathering the evidence that you need to source. You will also want to request a copy of your police report so that you can get an accurate account of the events surrounding your traffic collision.
If you are involved in an auto accident, it is important that you are aware of the different types of evidence that could help support your claim in court. These include the following:
- Eye Witness Evidence: It is a testimonial that may come from you, your passengers, or the driver that was involved in the accident.
- Physical Evidence: It may include fingerprints, tire marks, body fluids, hair, weapons, and other forms of physical exhibits found at the place of the incident. This type of evidence enables the court to take into account circumstantial connections. For example, the tire marks would help the court determine who is at fault in a car accident.
- Circumstantial Evidence: It is also known as indirect evidence, like fingerprints of parties involved, pictures, and videos of the accident. The court requires this to make logical inferences and assumptions to attribute to the meaning of evidence.
- Corroborative Evidence: It pertains to the type of evidence supporting the validity and meaning of another evidence that was already presented during the court trial. For instance, the statements of two or more witnesses are considered corroborative evidence.
- Witness Evidence: This evidence is a declaration of any person who had witnessed a crime or incident, such as a car accident.
- Hearsay Evidence: A person who had heard a communication from one of the parties can be a witness and the court may consider it as hearsay evidence. Hearsay evidence may include gestures and written statements.
- Disclosure of Evidence: Investigators should be aware that the result of their investigation can be subjected to disclosure and used as court evidence. It only means that any information evidence collected during the police investigation can be used for defense review. That’s why you have to make sure that the police are given all the right information and pieces of evidence after a car accident because the police report can be a strong piece of evidence. The police will be asked to provide a full evidence disclosure of information collected during the investigation, including the charging document, audio or video evidence, search warrants, and statements of both parties.
3. Be Ready During Police Interview
The police officer who will be interviewing you after a car accident will ask questions about the scenario and may even request you and the other witnesses to narrate the events chronologically.
Take a look at the following questions that may be asked:
- “What was your position before and after the collision?” The officer will need to know this information because he will be able to determine whether you were in the front of the other vehicle or in the rear and whether your testimony was reliable or not.
- “In what manner were you driving before the accident took place?” The officer will also need to know whether you were driving recklessly or legally. Questions that will lead to this may include those that relate to your speed, swerving, whether you took precautions, used your signal lights, yielded your right of way, etc.
- “Can you please narrate the sequence of events according to what you can remember?” All of this is aimed at one sole purpose—to know whose fault triggered the accident and who should be accountable. It is important for you to be honest and provide accurate information to the police officer, especially if you are injured and have been in the hospital. Although it is important to tell the officer everything that you remember about the accident, it is also important to provide accurate information in order to avoid being arrested for a crime that you did not commit.
- Once you have provided all the information required by the police, their team will create a comprehensive report on the accident, including all the physical evidence that is found at the scene of the accident. The document that you sign at the scene of the accident is called a police accident report, and the police officer will then review the accident report, gather additional information, and file the report in the case.
4. File And Obtain A Copy Of Police Report
The best place to start when searching for information about a police report is with the police department. Most local departments have a copy of their police reports for public viewing. However, state laws usually determine if you have to file a police report with the police station after a vehicle accident. Some states only require that a traffic accident report be filed with the police in case of an arrest.
Most states do not require an actual accident report for minor car accidents. If a car has been stolen and someone else was injured in the crash, the other person should call the police to report the incident.
Here are the important things you should find in a police report:
- Date and time of the incident
- Narrative report of the incident
- Contact information of all parties involved (name, license number, plate number)
- Pieces of evidence such as photos and statements
5. Call Your Insurance Company
If you are admitted to the hospital for treatment, you will need to inform your insurance company that you have been injured due to a car accident so that they can provide you with any kind of medical help you may require according to the scope of your policy. Necessary procedures like x-rays, tests, and even surgery might be provided, if possible.
Check the following tips when dealing with an insurance company:
- Prepare: In such an accident, it is important to be as detailed as possible. If you do not have much information or are not certain about anything then you will be at a disadvantage later on. A good way to do this is to write down everything in your head. Make sure you have everything written down before you call the insurance company.
- Never Disclose Anything Yet: You must not disclose anything that will make you appear at fault in an accident. This will only make matters worse for you. You may be asked by the insurance agent to sign a waiver admitting that you were at fault. Once you sign this, you will not be able to challenge the insurance company later on. So you may want to avoid signing anything before you get to your car.
- Don’t Lie: You must also remember not to lie to the insurance company. Lying to the insurance company may mean more money out of your pocket. It would be a lot better if you just tell the truth and let the insurance company deal with the matter.
- Provide Facts: Your insurance company may also do cross-checking of facts as provided by you and the other party. It would be better if you provide all the details to the insurance company and allow them to do a complete investigation so they can grant your request for health assistance.
Why Hire A Legal Representative?
It is important to have legal counsel all throughout the process—as soon as the incident happens, during the claim filing, negotiation with the insurance company, up to the court proceedings. You should discuss the specifics of the accident with your attorney. He/she will be your greatest ally in court. Your side of the story will help your lawyer plot the best defense that will prove you’re not guilty of any related charges being put against you. Your attorney will also work to ensure that you are given due consideration by the court regarding your case.
Your attorney will represent you during court hearings. You should be familiar with your rights and the laws regarding traffic collisions as well. Hiring a car accident lawyer is one of the effective ways to acquire this knowledge.
Here’s how a car accident lawyer can help:
- Client Advocate: A car accident lawyer can help answer all your common questions about traffic collisions and the regulatory laws.
- Determine At-Fault Party: a car accident lawyer can help you determine whether or not you are at fault for the accident. Either way, he/she will do his best to defend you in court and reduce or cancel your charges if possible.
- Help You Seek Compensation: Car accident lawyers and personal injury lawyers can help you get compensated for car damages. This involves vehicle repairs or complete property restitution if your car is severely damaged or fully wrecked.
- Court Representative: You will definitely need representation in court and a car accident lawyer can help you with legal representation. Your lawyer can help you defend your case in court against the claim of the prosecution. If you decide to go to trial in court, a good lawyer can ensure that you receive the right amount of compensation from your insurer or the other party.
To find out more on how you should handle a motor vehicle accident case, watch this video:
Conclusion
The steps that you need to take immediately after a traffic collision include prioritizing your safety and your passengers’ (if any), obtaining a copy of the police report, contacting an attorney and gathering relevant evidence, getting ready for a police interview, securing copies of your vehicle documents, and reaching out to your insurance company. After you have gathered this information, you will be able to review these documents with your attorney and discuss any other pertinent information that you do have about your case.
Hiring a Traffic Collision attorney will help you prepare for your case in the best way possible. You also need to work with your insurance company to make sure that you are properly compensated for any medical bills or other expenses that were incurred in the accident.