Most car accidents are life-changing events. If you are responsible for a car accident, your insurance rates can jump dramatically as you also struggle to replace damaged property and pay medical bills. If you are the victim of someone else's negligence, you have a lot to worry about if you don't know the legal steps to take after a car accident. Let's discuss these key steps in greater detail below.
#1: Call for Help
No matter how insignificant an accident may seem, injuries are highly probable. These injuries can be from the explosive airbags deploying, the seatbelt strap fracturing ribs, or whiplash and other neurological problems that have a delayed onset. It can be hard to assess your health after an accident because your body is pulsing with adrenaline and endorphins. These neurochemicals can make you feel like superman for a moment and can cover up serious injuries for hours. Never leave the scene of the accident without leaving your insurance and contact info, or you could be charged with hit-and-run charges.
#2: Obtain a Police Report
When you call for assistance, you can have the police come and file a report to resolve many factual disputes and summon emergency medics. This all helps to substantiate your claims and will make it easier for you to close a settlement. While the police report cannot resolve the cause of the accident unless the police witnessed it, it can ensure that the date, time, drivers, weather conditions, and vehicles involved in the accident are all documented. The police can also verify that the other drivers were all sober and that they are licensed and legal. Fake licenses, fake insurance cards, and illegal immigrants are everywhere and can provide you with false information that leaves you empty-handed.
#3: State the Hard Facts
Whenever you are discussing the accident with the police or anyone else, always be sure to stick to the provable hard facts. Never speculate and try to open up theories of what may have happened. If you witnessed that the driver ran a stop sign, for example, then the question turns on why you did not stop in time. The defense can use this to say that you are partly to blame for your own accidents.
Most accidents happen so suddenly that no one knows why the accident happened until weeks later. In most cases, you may be able to say that the accident is a blur and that you are having trouble remembering. But, no matter what happens, never admit any degree of fault.
Some drivers may say that they should have slowed down because of the bad weather or should have invested in better tires. Even statements like these can put some of the blame on you and reduce your compensation under the theories of contributory and comparative negligence.
#4: Obtain Witness Statements
A witness of a car accident is an invaluable asset if they believe that you are without fault. Because an independent witness has no reason to lie, juries are sure to believe them if they appear to be clearheaded and logical. This gives the insurance companies little ground to argue against a full and expeditious settlement. Most witnesses will appear on the scene to offer assistance and will let you know what happened. You can videotape a statement on your SmartPhone or simply obtain their contact info to obtain a notarized affidavit.
#5: Preserve Evidence
There are many types of evidence that you can gather on your own after an accident. Taking real-time photos and videos of the accident scene and recording notes of the time, temperature, weather, and other conditions can help forensic experts to rebuild the accident and determine fault. A screenshot of your SmartPhone weather app can help to verify the info. Photos of any skid marks, damage incurred, injuries, and road signs can all play a role in determining fault.
A personal injury lawyer in Los Angeles can help you to preserve the "black box" evidence. This can help to determine the defendant driver's rate of speed at the time of the accident. Nearly all late-model autos are equipped with a computer device that records speeds and other data at the time of impact. These computer modules, therefore, act a lot like the so-called "black boxes" that are used to determine the cause of plane crashes.
#6: Exchange Information
Your car accident lawyer can spend less time investigating and more time working on your claims if you exchange information. Be sure to obtain the name, current address, phone number, insurance card info, plate number, and driver's license of any other drivers involved in the accident.
#7: Record Injuries and Damages
When you hire a car accident lawyer, they can help you to prepare a case. Nevertheless, you still have to provide evidence yourself to help back up the claims. If you can record any medications that you took, instances of pain and suffering, and all the bills and lost wages that you would not have incurred except for the accident, this diary can go a long way in justifying maximum compensation.
Most of your financial losses can easily be calculated by looking at past wages and current credit and debit card bills. And because most of these statements are now archived online by financial institutions, you can download them and retain the records without having to scan and digitize every receipt and bill.
#8: Contact Your Insurance Company
Most insurance companies require you to notify them within 90 days of the accident. Because many types of claims fall under full coverage and additional coverages for motorists who are uninsured or unlicensed, your insurance company may be the ultimate defendant in the case. If you fail to notify them within their prescribed timeframe, you may be barred from collecting compensation.
#9: Hire an Attorney
When you hire a personal injury lawyer in Los Angeles, they help you at so many levels. They can help you to draft a demand letter for the insurance companies to settle your claims before a formal lawsuit is necessary. And if the insurance companies want to play hardball and lowball you on the settlement, your attorney is well-prepared to handle all the tricks that they pull.
In addition, an experienced personal injury attorney can recommend the best medical practitioners for your condition and ensure that your symptoms are properly documented. Unless you've had experience with doctors and the courts, you do not understand how some doctors can jeopardize your claims by making vague and inaccurate records that make the origin and extent of your injuries questionable.
Contact Us
Contact West Coast Trial Lawyers for additional information. We have the full-service experience that makes your recovery as easy as possible. Let us handle the legal work while you relax and get back on your feet.
Our staff of attorneys will polish your claims and work at all angles to bolster them with expert testimony, medical records, and any laws that work in your favor. When the defendants are facing experienced attorneys, they won't bother dragging things out to force a small settlement. Call today for a free consultation.
