Car accidents can be among the most traumatic events in a person’s life. They can leave you shaken and unsure of what to do next. Whether it is a minor fender bender or a more serious collision, knowing how to respond after the accident is crucial for your safety, peace of mind, and legal protection. Amid the chaos, the right actions can significantly affect the outcome of your insurance claim or personal injury case and protect your rights in case of any disputes.
There are essential steps you must take following an accident. These steps assist in avoiding additional harm and ensure all the details are captured so that you have proof when filing your claim. This is particularly necessary if you are pursuing compensation for loss or harm caused by the responsible party.
In this guide, we address the most critical measures that you should take after an accident. By doing so, you can avoid worsening the situation and lay the groundwork for a less stressful insurance or personal injury claim.
Remain at the Scene of the Accident
You should not leave the scene of an accident, regardless of whether anyone was hurt. Doing so can result in serious legal consequences, including prosecutions for hit-and-run or failing to stop after an accident. Nevada, like other jurisdictions, prohibits you from leaving the scene of an accident without exchanging information or assisting those involved.
Staying at the scene allows you to fulfill your legal obligations, such as:
-
Ensuring that the other people involved in the accident are also safe.
-
Exchanging information with the other driver(s), like insurance and contact information.
-
Reporting the accident to the authorities if necessary.
You will face criminal charges if you do not stop and provide this information. Depending on the circumstances of the case, a conviction could result in fines, suspension of your driver’s license, and even imprisonment. It is always advisable to stay, report the accident, and work with the police or other drivers, even in minor accidents.
Seek Medical Attention
You need to get medical attention after a car accident, even if you do not feel any pain at the time of the crash. Some injuries, like whiplash, head injuries, and internal bleeding, may not present immediate symptoms but can worsen over time if not attended to. Hence, a professional medical checkup should be sought immediately to detect any hidden medical issues.
In any accident, the first thing you should do is check on the people involved after making sure you are okay. If a person is in critical condition or needs medical attention immediately, dial 911 and request assistance. Emergency responders can quickly attend to the affected people and take them to a hospital for further treatment. Not only does this safeguard health, but it also generates an official accident report, which is valuable for any future claims or legal proceedings.
Sometimes, there are no visible injuries. Even when there are, you may not feel them during the accident due to the adrenaline rush. A complete physical examination is required to ensure nothing is overlooked. Besides keeping your health safe, medical documentation is essential if you want to file an insurance claim or a personal injury case. When you have a medical report stating that you were injured due to the accident, it becomes easier to prove damages and get compensation.
Further, seeking medical attention right away helps prevent minor injuries from aggravating minor injuries. Failure to seek medical attention may put your health at risk and affect your chances of getting the compensation you are entitled to.
Move to a Safe Location
After calling 911, your next priority is moving to a safer place. If the accident happens in a crowded place or poses additional hazards, moving to another less congested area, like the side of the road or a sidewalk, can prevent other mishaps or injuries. This action helps you avoid another accident while responding to an incident and allows emergency responders to reach you away from the dangerous environment of the crash.
However, if you find yourself seriously injured, confused, or unable to move around without risking your life, it is safer to remain where you are and wait for the rescue team. Attempting to move under these circumstances can worsen the injuries or even raise the possibility of complications. Emergency responders are trained to handle these situations and will administer medical treatment or assistance to move you safely. They are equipped to assess the environment, provide an adequate response, and handle the scene for the safety of all individuals.
Do Not Admit Fault
You should not admit fault at the accident scene when involved in a car accident scene. This is because the issue of fault is a legal one, which should only be made with proper consideration of the circumstances of the case, including the police reports, witnesses' statements, and any other relevant data. Admitting fault prematurely can prejudice your legal rights regarding compensation, insurance claims, and subsequent legal action.
Your immediate focus should be to ensure that the accident is well documented, obtain information from the other driver, and, if there are any injuries, offer help. Avoid commenting about fault because such a statement may be misconstrued or used in another proceeding. Fault is not solely based on on-site remarks but on a more detailed evaluation of the events that led to the accident.
Refraining from making definitive statements about fault protects you from inadvertently affecting the outcome of insurance investigations or legal judgments. Let the insurance companies and the legal professionals investigate who is to blame without bias from the statements made on the scene.
Record the Particulars of the Other Vehicle
Record as much information about the other vehicle as possible for several reasons. If you do not have a dash cam, taking pictures or recording the scene becomes the next best thing. Record essential information regarding the car, including the make, the model, the color, and the license plate number. Ensure you also take pictures of any visible damage to the vehicles, the state of the roads, and the surrounding environment. This documentation is very useful in establishing the facts of the accident and can be very useful in resolving disputes.
The recorded clip can be useful in this situation for those with a dash cam. It gives an uninterrupted, objective account of the circumstances before, during, and after the accident. This footage can help understand the sequence of actions and the dynamics of the collision, which might not be fully captured through photos alone. It also helps verify your account of the incident, especially in cases with conflicting narratives.
Even with dash cam footage, complement it with photographs and videos. This supplementary evidence can help to add context and detail, which may be lacking from the dash camera’s point of view. For instance, it can reveal the position of the vehicles relative to the traffic signs or any other environmental factors that contributed to the accident.
Exchange Details With The Other Driver(s)
Always gather all the relevant information to file an insurance claim or even go to court following a car accident. Start by gathering the other driver’s basic information, such as:
-
His/her name, address, telephone number, and
-
The name of the insurance company, policy number, and telephone number
It is also important to note the vehicle's make, model, color, and registration number.
If the other driver is uncooperative, do not attempt to obtain the VIN from his/her car. Record the license plate number instead, as it could be enough.
Given the potential for high emotions in such situations, remaining calm and avoiding confrontations is important. Focus on gathering information professionally. If witnesses are around, take their details, which might prove helpful since their statements will also be needed.
You should also exchange personal information with the other driver, including your name, address, phone number, insurance, and car details. This helps ensure all parties have the information they need to follow up.
Avoid Premature Injury Claims
Following a car accident, refrain from telling the other driver or witnesses that you are not injured, even if you feel fine in the immediate aftermath. Adrenaline and shock, which can occur in an accident, can mask pain or discomfort, making it difficult to assess your condition accurately on the spot. Whiplash, concussion, or internal injuries might be hard to diagnose at the scene of the accident because they do not present themselves immediately, which may worsen your predicament if you realize later that you are injured.
Problems with how your injury documentation is handled arise when you declare yourself unhurt without consulting a physician. Doctors and nurses are trained to look for hidden injuries. Their evaluation creates a paper trail of your health. This documentation is critical for accurate treatment and for substantiating any claims you may need to make.
In addition, what is said about your health at the scene has legal consequences. If you later experience symptoms or discover injuries that were not initially apparent, previous claims of being unhurt might be used against you by insurance companies or in legal proceedings. You should also ensure that you allow a complete checkup so the doctor can diagnose you and give you a formal diagnosis. This cautious approach helps ensure you receive the right care and safeguard your interests.
Record Specific Facts In Car Accident
Getting as many details as possible shortly after a car accident is significant, and recording the event using a video camera is highly advantageous. It also lets you document a thorough account of the incident, which is crucial when dealing with insurance and law issues.
When recording the video, focus on several key elements:
-
Road conditions — Show the specific state of the road on which the accident occurred. Make sure to indicate any significant factors that might have affected the incident, including potholes, road damage, or construction work.
-
Your actions — Explain your movements just before the accident and your speed, direction, and attempts at evasive maneuvers. This context helps clarify your driving behavior about the accident.
-
Behavior of other drivers — Describe the actions of the other drivers involved in the accident. This ranges from their speed to their ability to change lanes, use of indicators, and general driving style since this reveals the part they played in the accident.
-
Street and weather conditions — Observe the state of the street, the level of illumination, and the surface quality of the street, and record the weather during the observation. Rain, fog, or snow can cause terrible conditions, likely to have caused the accident.
-
Surrounding traffic — Incorporate other vehicles and pedestrians in your video since they may help give an account of the accident or their actions at the scene.
-
Traffic signals and signs — You should also note any sign, signal, or light that you observe in the vicinity. This includes stop signs, yield signs, and traffic lights, which may be important in analyzing traffic flow and signal compliance.
-
Visible injuries and discomfort — Write down any physical harm you might have sustained and explain any symptoms you feel. This relates your physical status to the accident since it is directly connected.
Videos offer the advantage of including timestamps that show the time each aspect was recorded. This temporal detail can be significant, especially when explaining the order of events, especially in cases involving insurance companies or court cases.
Be Sure to Report the Accident
If the car accident occurred in Nevada and there were injuries, death, or property damage that cost more than $750, you should file a report with the Nevada DMV within ten days of the time of the accident. This requirement ensures that the DMV is informed of grave accidents, and this can prevent the suspension of your driving license for up to one year. Failure to adhere to this regulation puts your driving privilege and the process of initiating the necessary insurance claims at risk.
Furthermore, it is crucial to report the accident to the insurance company, regardless of whether it involved another driver. Most insurance policies require that you report any accidents to facilitate the processing of the claims and meet policy conditions. Timely reporting plays a critical role in the following scenarios:
-
When another driver is at fault — Reporting the accident to your insurer is important to ensure your coverage is applied correctly. Usually, when the other driver is at fault, your insurance premiums remain unaffected. However, timely notification enables your claim to be processed efficiently and for your insurer to help secure the compensation you should receive.
-
When you are at fault — It is advantageous to report the accident to your insurer as soon as possible because it helps the insurer handle the claim and, if necessary, build a defense. This approach is beneficial to your insurer as it allows them to address potential legal issues and work on resolving your claim more effectively.
In cases where no other driver is involved, whether to report the accident can depend on the degree of the crash and the circumstances surrounding it. Consumer Reports suggests that you must tell your insurer about all accidents, apart from minor ones, including low-speed collisions with a single car and little or no damages and injuries.
Hire a Personal Injury Attorney
After an accident, consider enlisting the services of a personal injury attorney. These legal professionals specialize in handling cases related to car accidents. They assist their clients in dealing with insurance companies, negotiations, and legal proceedings. Their knowledge is crucial in helping you understand your rights and determining your situation's best course of action.
A personal injury attorney has a vital role, especially regarding insurance companies. Insurance firms may have a policy of reducing the amount they pay out and, therefore, may first present you with an offer that does not adequately compensate you for your losses. It is also essential to get an attorney so that they can help file the claim and make sure that you receive fair compensation. They deal with insurance companies on your behalf and always ensure the best settlement.
They also come in handy when your case proceeds to trial. They represent you in court, leveraging their expertise to build and argue the case on your behalf. This involves managing legal paperwork, meeting deadlines, and handling the courtroom processes, which are vital in ensuring a favorable outcome.
Furthermore, an attorney can assist you in determining the actual amount of damages that you are entitled to. This includes, but is not limited to:
-
Property damage — A lawyer can assist you in claiming damages to your car and other personal belongings that were destroyed in the accident.
-
Cost of treatment — This also comprises the current and future medical treatment costs likely to be incurred after the accident, including hospital fees, surgery, medication, rehabilitation, and other medical treatment that you may require.
-
Lost wages — If the accident caused you to lose your job, a lawyer can ensure you are paid for the time you are out of work.
-
Lost earning capacity — If your injuries have caused permanent or long-term disability that hinders your ability to work, a lawyer can assist you in suing for loss of future wages.
-
Pain and suffering — An attorney can also help in evaluating the non-pecuniary losses that include the physical suffering and emotional trauma that you have been forced to go through due to the accident.
They collaborate with doctors and other personnel to prove your allegations and ensure all factors are considered.
In addition to the legal and monetary sides, it also helps to minimize the pressure following an accident when engaging a personal injury attorney. Because of these reasons, an attorney is important since he/she will handle all the legal and administrative processes, thus freeing your time to concentrate on your healing.
In the unfortunate event you lose a family member in a car crash, a personal injury attorney will help you start the process for a wrongful death lawsuit and explain each legal procedure to you. Wrongful death claim enables family members to seek compensation for the economic and noneconomic losses that stem from the death of their beloved one. A skilled lawyer gathers all the necessary evidence and builds a strong case to prove that the careless or unlawful activity was done by the party in question. It is critical for establishing negligence and proving negligence, which forms the basis of a wrongful death lawsuit. Apart from placing the blame on the defendant, the attorney makes sure that you recover other damages, such as:
-
Burial expenses
-
Lost wages
-
Pain and suffering, and
-
The loss of someone’s companionship
In these cases, time is very critical since wrongful death claims are time-barred. In this way, you protect your family’s legal interests and make sure that your case gets the attention it requires as soon as possible.
Find a Personal Injury Attorney Near Me
In the wake of a car accident, navigating the complexities of the legal and insurance processes that follow can be overwhelming. In the wake of an accident, people are always stressed and confused, and they do not know what to do. This is because attempting to deal with these issues on your own is very overwhelming. That is where a skilled personal injury attorney can make a significant difference. When you hire a personal injury attorney, you get a legal adviser who knows the legal procedures involved in filing for accident compensation and can assist you in the process.
An attorney’s expertise helps protect your rights and maximizes your chances of securing fair compensation. They assume the high-risk responsibilities of dealing with insurance firms, handling legal matters, and the correct evaluation and documentation of your losses. Their participation gives you direction on what to do next, especially on legal matters, so that you can concentrate on your healing process without the stress of dealing with the legal issues.
If you have been involved in a car accident, do not navigate this challenging time alone. We at Dallas Horton & Associates are here for you. Our Las Vegas attorneys will offer the support, guidance, and representation you need to achieve the best possible outcome for your case. Take control of your situation and protect yourself and your interests by speaking to competent personal injury lawyers today. Let our expertise work for you. Take the first step to get the justice and compensation you deserve by contacting us at 702-820-5917