ACCIDENTS HAPPEN!

What to do at the scene and in the days that follow

Unfortunately, at some time in our lives, most of us will experience an automobile accident. When you are in an automobile accident, even if you are not injured, there are certain things that you should and should not do.

AT THE SCENE OF THE ACCIDENT

Should I stay or should I go?

If you are involved in an accident involving injury or substantial damage to property, stay at the accident scene until the police tell you that you can leave. If you have any question about whether the damage caused by the accident is "substantial", it is better to wait for the police. The law generally requires you to wait for the police, so leaving the scene of an accident can result in a traffic ticket and fines, even if you are not the one who caused the accident. Depending on the seriousness of the accident, you could even lose your driver's license for leaving the scene of the accident.

Injuries

If someone is injured in a traffic accident, call for an ambulance or paramedics. Unless you are a trained medical person, DO NOT TRY TO GIVE FIRST AID AND NEVER TRY TO MOVE AN INJURED PERSON! Wait for the paramedics of other trained emergency professionals to arrive and give assistance. Make sure that when someone calls the police to report the accident, the caller tells the police that people are injured, and if possible, give the number of people injured so enough emergency personnel respond to the scene. If you are on the roadway, turn your flashers on, or use flares to warn approaching traffic of the accident.

Information Gathering:

In any accident, you should obtain the following information:

The Other Driver: name, address, home, work, and cellular telephone numbers, driver’s license number, insurance information, license plate number

The Witnesses: names, addresses, telephone numbers

Police Officers: Ask the police officers who investigate the traffic scene for a business card, with the "incident number," so you can obtain an accident report. Most officers will provide this information to you, even if you don't ask.

The Location: You may wish to take notes about where the accident occurred, the road conditions, speed limits, traffic control devices, the weather, and the lighting. However, in most cases, taking notes will be the last thing you are thinking about.

The Accident: You may wish to take notes about how the accident occurred, such as the direction of travel of the vehicles involved in the accident, and what the cars were doing at the time of the collision. Be aware that if litigation results from the accident, you may have to share your notes with somebody that you are suing, or somebody who is suing you.

Choose Your Words Carefully

If you talk to the other driver involved in the accident, never admit you were at fault, never say you are sorry and never accuse the other person. Tensions are usually high, and accusing someone of being at fault may only make a bad situation worse. Let the police do their job and get all the important facts. There are going to be factors about which you don't know, which played a role in the accident, and it may turn out that the other driver was more at fault than you.

Do not make statements to anybody at the accident scene, except for the police. When you speak to the police, tell them only the facts of what happened. Let the officers draw their own conclusions from the facts.

IF YOU ARE INJURED

If you are hurt, go to the emergency room or see your doctor. Do not decide whether to go based on whether you think you can sue someone. Do what you would normally do when injured and get reasonable medical treatment - then, if you do have a case, it will be treated fairly by the insurance company rather than looked at as a bogus or inflated claim. If you do not seek prompt medical attention, you may find the insurance company will argue that your injuries arose from something that happened after the accident. If you sue the other driver for injuries you suffered, you may similarly find that the other driver argues that your injuries were not related to the accident.

Tell the doctor about all of your symptoms - even though they may seem minor - so he or she can properly treat your entire injury. Things that you may think are nothing may be significant when combined with other factors. If you have any loss of memory, headache, blood or fluid in your ear, dizziness, ringing in the ears, disorientation, nausea, confusion, or any other unusual physical or mental feelings, tell your doctor. Many people suffer brain injuries in car accidents and do not realize it. People have been known to suffer from things as serious as epileptic seizures as a result of whiplash injuries. It is best to be safe, by reporting your symptoms so that the doctor can rule out the possibility of a concussion or other head injury.

A good way to remember how you feel and how you progress is to keep a daily journal about your condition. However, you should address your journal to your attorney. This may help to keep your journal private. Otherwise, things that you write might have to be shared if you get involved in a lawsuit.

REPORTING THE ACCIDENT TO YOUR INSURANCE COMPANY

Regardless of fault, you should report your accident to your insurance company within 1-3 days of the accident. All you have to do is tell them the basic details about the accident. You do not have to give a statement, at this time, about the accident or your injuries. In almost every case, it is not a good idea to try to handle your injury claim yourself. You are not trained in the extent of your legal rights and insurance companies will try and take advantage of you.

GETTING LEGAL HELP

Finally, if you think you have a claim or need some help handling matters arising from the accident, contact an attorney. If you have an attorney, you may wish to call the attorney even before you call the insurance company. The attorney will advise you about who to call and what you should and should not say.

The Carson Law Firm is dedicated to serving your family law needs: divorce, modification, child support, maintenance, adoptions, juvenile matters, appeals and simple traffic matters. For referrals to attorneys in other areas (worker's compensation, personal injury, criminal, employment discrimination, tax, civil litigation and business representation), please contact us and we will help you. We highly recommend the following attorneys for personal injury cases:

Ken Leeds (314) 863-4545

Don Horowitz (314) 567-7970

Preston ("Pepe") Roskin (314) 863-4545

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