Disclaimer: the material presented in the article below should only be considered as a general overview regarding an auto accident. Should you, or anyone you know, find yourself in this situation, it’s best that you speak to an auto accident attorney immediately. They can help you decide on what the best legal actions are to take.
Getting involved in an auto accident can be traumatizing. However, dealing with the aftermaths of the crash is worse; answering lines of questions, dealing with the damages, filing for claims or lawsuits, and healing from your injuries.
This is why if you get involved in an auto accident, you have to keep your calm and think straight. There are fundamental guidelines that you need to remember and follow to avoid a lawsuit or to be able to claim a compensation. Here are the things that you need to remember legally if you’re involved in an auto accident:
If you’re involved in a car accident, it’s advisable that you file a police report as soon as you can. The police report will serve as an impartial report of a police officer(s) who were present at the scene. The essential information you can find in the initial police report are:
- Names of the people involved
- You and the other driver’s statement
- Place and Time of the Accident
- Pictures of the accident (if there are any)
The police report will help determine the extent of damages, and the degree of liability of the person at fault. If you file for financial compensation, the police report will support it. Lastly, insurance companies require a police report to establish liability.
Right after the accident, immediately go to the hospital and have yourself checked by a doctor. With or without any immediate injury right after the crash, get yourself checked. Remember to take down notes of doctor’s findings regarding your physical wellbeing, and of your damages if there are any. If you don’t go to the doctor immediately, there’ll be a chance that your claim will be decreased or declined.
The next thing that you need to do when you’ve been involved in an accident is to hire a lawyer. It’s the wisest thing that you can do to make sure you have someone that will represent you and guide you through the whole process. Your lawyer should be experienced and well versed in auto accident cases.
When you’ve hired a lawyer, make sure to give them the full details of the accident. Be honest with them. And never forget to show them the documents that you have. Materials such as:
- Pictures of the scene, your vehicle, scene of the accident, your injury, etc.
- Prescriptions, X- rays, medical bills, etc.
- Date and time of the accident
- Your complete name, driver’s license, and license plate number
- Other driver’s whole name, driver’s license, and license plate number
Liability For The Accident
Different factors can cause auto accidents in most cases. Sometimes, the reason could be due to a driver’s negligence, poorly maintained roads or a defective automobile part. Whatever the reason may be, every person has rights.
If the other driver blames you for the accident, it’s always advisable that you should consult your lawyer first. Never volunteer any information, as this may be used as evidence against you. If you’ve been injured, you can initiate claims for financial compensation.
It would be costly and time-consuming to file a lawsuit before the Court of Law. That’s why you need to consider to enter an amicable settlement with the other party. Doing this will help you avoid spending a significant amount of money for legal costs, and use your time and resources to recover and heal. If settlement fails, then you can start filing a lawsuit.
Compensation for Injuries and Damages
One of the things that are essential to resolving an auto accident case is to recover compensation for the damages that resulted from the accident. If you get injured because of the other driver’s negligence, you’re entitled to receive payment from them and vice versa.
In auto accident cases, damages that are going to be compensated are:
- Physical damage
- Moral damage
- Mental Damage
- Emotional Damage
- Exemplary damage, etc.
Also, if an accident has caused you to lose your earning capacity, you can also be entitled to compensation.
It’s never fun to get involved in an accident, and chances are, you’ll get involved in one once in your lifetime. If you’re involved in an accident, remember that you need to file a police report, immediately see a doctor, hire the right lawyer, figure who’s liable for the crash, try to settle the conflict, and figure out the needed compensation. This can help you when things come to worse. You can be devastated because of the accident, but it’s never the time to forget the voice of reason and act foolishly.
Lilly Jordan has been a law writer for more than 20 years, and she hopes to impart legal wisdom to the common reader through her works.
She is currently working on a new law piece.
A certified “foodie,” Lilly loves to cook for her friends and family. She often tries new dishes whenever she has free time.