Motor Accidents
Auto/Trucking/Motorcycle Accidents
Do’s & Don’ts
What to Do When an Automobile Accident Happens
After impact, don’t attempt to move
After impact, don’t attempt to move, exit the vehicle, or walk unless certain you can do so without pain and injury.
- If stunned or dazed, remain in place until help arrives.
Don’t move the vehicles
Call the police immediately
Call the police immediately.
- Without a police report, you will not be able to prove your case.
- Give the police officer a full, accurate account of what happened. Never admit fault and never exaggerate!
- List all symptoms of injury you may be feeling, no matter how slight.
- Try to listen to what the other driver tells the officer and how they respond.
- Ask the officer who will get a citation and for what.
- Cooperate fully and completely with any request made by the authorities and always be courteous.
If in pain, report your condition to the officer
Give medics a full and accurate report
When the medics arrive, give them a full, accurate report of symptoms.
- Cooperate with their examination and treatment plan.
Never attempt to drive if dazed or injured
Call a family member or friend to the scene
Call a family member or friend to the scene to lend assistance and act as a witness.
- If possible, ask them to bring a camera to photograph cars and scenes.
Attempt to get names
Attempt to get names, phone numbers, and addresses of any eyewitnesses.
- Give this information to the investigating officer; keep a copy.
If symptoms last several hours
If symptoms last several hours, go to your family doctor or emergency room.
- Report how the accident occurred and five a full, accurate account of symptoms, but never exaggerate.
- Submit as necessary to exams, x-rays and advice of the treating doctor.
- If recommended, or if symptoms continue, see a specialist.
- Follow your doctor’s recommendations “to the letter”.
- Don’t be afraid to ask your doctor questions to help understand your injuries and treatment.
Don’t discuss your case with any unnecessary parties.
Don’t discuss your case with any unnecessary parties.
- Your spouse, your doctor, and your insurance agent are necessary.
- Insurance adjusters who want recorded statements are not necessary and you should never give such a statement.
Report the accident to your insurance company.
Report the accident to your insurance company.
- Get a copy of the accident report for them. Check it for accuracy.
- If the report is inaccurate, call the investigating officer and question them on it. (You have a right to do this. Ask them to correct the report.)
- If you have collision coverage, insist that your company appraise and repair your vehicle immediately. (They’ll be reimbursed by the other driver’s insurance.)
If your injuries or symptoms persist
If your injuries or symptoms persist for more than a few days, consult an attorney.
- Be sure the attorney is a personal injury specialist. Ask them about their experience!
- Write down all questions you may have about the accident prior to the interview.
- Learn all you can about your rights in such a legal case.
- Ask what fees and expenses you will be required to pay, what the attorney thinks is the value of your case, and what they feel they can do for you in recovery.
- Don’t hesitate to interview several attorneys and compare their responses.
Try to get the other driver’s insurer to pay
Try to get the other driver’s insurer to pay for your medical bills, without signing releases. (By doing so, the other driver’s insurance company will be admitting fault.)
Never sign any releases
Never sign any releases until you are fully prepared to settle your case.
- The only exception is when your attorney advises you to do so.
Keep a written daily diary
Keep a written daily diary of the aftermath of the accident.
- List all that happened in the accident and initial medical exams.
- Follow your progress and the problems caused in everyday life by your injuries. (This will prove invaluable at your trial, which may be much later.)
You should never consider settling your case
You should never consider settling your case until all your symptoms have disappeared and you are back to normal.
- If you have a concussion, you should not settle for six (6) months, at least.
- Remember: Your cause of action is the most important protection you have against a truly serious or catastrophic injury.
Obtain the following documentation
Obtain the following documentation for yourself and/or your attorney:
- Copies of all medical bills resulting from the accident.
- A list of which bills have been paid and which have not.
- A list of mileages to and from all health care providers.
- Copies of all doctors’ medical reports and dictations in your medical file.
- Copies of all admit and emergency room records of all hospitals treating you for the accident.
- Copies of radiology reports on tests given to you, such as x-rays, CT Scans, MRIs, or Myelograms.
- Copies of all statements given by any witness to any aspect of the accident.
- Copies of your wage records or income tax returns to show the impact of the accident on your income.
- Any photograph or videotape of the injuries, accident scene, vehicles, or any other aspect of the case.
- Copies of your insurance policies.
- Copy of the accident report filed by the police.