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Anatomy of an Automobile Accident
Everything is in slow motion. You can feel your heart pounding in your chest. Pupils dilate. Adrenaline is pumping through your system. Your breathing increases rapidly. At that moment you realize the collision is inevitable. Your instincts take over and your body braces for the impact. There is one last moment of silence before the explosive clamor of screeching tires, twisting metal and breaking glass. Glimpses of the surrounding area pass like frames of a movie playing slowly through the window as your car spins out of control. Then, it is over. All you can hear is the beating of your heart. As you try to make sense of what just happened, you realize that, like the hundreds of thousands of other Americans each year, you have just been involved in an automobile accident.
Here is what you need to know:
WHAT SHOULD I DO IMMEDIATELY AFTER AN AUTOMOBILE ACCIDENT?
After a serious accident, your primary concern must be your health and well being. The most important thing to do if you have sustained an injury is to seek immediate medical attention. If you are able to do so, immediately call 911 and request police and medical assistance. If necessary, take an ambulance to the emergency room. In the direct aftermath of a serious accident, victims are dazed, stunned and confused. The shock and adrenaline from the incident can mask pain and the seriousness of an injury. Your injuries may include a head or brain injury, which can cause confusion. Even if you do not believe you are severely injured at the scene, you may be wise to seek emergency treatment to rule out injury. It is better to be safe than sorry and seeking immediate medical care is far better than being rushed to the hospital hours later with a spinal cord injury made more serious by your delay.
TRY TO PRESERVE EVIDENCE
To the extent possible try to preserve as much evidence as you can safely gather at the scene. If you are able to do so, write down the names, addresses, telephone numbers, driver’s license numbers, license plate numbers, VIN number, car descriptions (including make/model/year) and insurance information for all involved drivers. If you have a camera or a camera phone, try to take pictures of the damage and vehicle’s positions as you wait for police and paramedics to arrive. Photographic evidence may come in handy later to discredit the other driver’s testimony and can be admitted into evidence in the form of exhibits at trial.
FIND WITNESSES
Gather witness information. The names, addresses and telephone numbers of all passengers, pedestrians and witnesses to the accident are essential to any claim, even if you think you are completely without fault. It is important to understand that insurance companies have teams of adjusters, lawyers and investigators who take defensive action immediately following an accident. These teams work together with a common unifying goal; to minimize any potential claim payout to you.
While you are at home resting or seeking medical attention, the agents and employees of the insurance company for the responsible party are busy taking pictures, gathering evidence and recording witness statements. Therefore, it is imperative to memorialize a witness’s version of the events in writing at the scene—or as soon as possible afterwards. Memories fade, evidence disappears, witnesses move, vehicles are repaired and stories change. All too often, even if you are one hundred percent in the right, a claim will later come down to your word against theirs. A good witness statement can mean the difference between a quick and fair settlement, and years of litigation and an increased chance of a defense verdict at trial.
GET STATEMENTS IN WRITING
At the scene, listen for any admissions or statements made by the other drivers. Did the other driver admit fault or apologize for causing the accident? “I’m so sorry, it was my fault…” Did he or she offer an explanation for the cause of the accident? “The sun was in my eyes…” If possible, have the driver sign and date a written admission of fault. A signed statement of fault will likely convince the other driver’s insurance company to accept responsibility for the accident.
Of course this works both ways, and anything you say may be admissible in court to impeach your credibility in any potential claim. If asked at the scene, “are you ok?” and you reply “Yes, I think so”, this may be introduced at trial to prove that you did not get hurt in the accident.
TALK TO THE POLICE
When police arrive, advise them of any admissions or statements of the other driver, so that they can be memorialized in a police report. Also, be sure to get the contact information for the police officer. Take notice as to whether citations are issued or arrests were made at the scene.
WHAT DO I DO IF I HAVE BEEN INJURED IN AN AUTOMOBILE ACCIDENT?
One of the most common and serious mistakes a victim can make after an accident is to wait to seek medical treatment. If you are hurt, or suspect a spinal cord or brain injury take an ambulance to the hospital immediately.
Unfortunately, the shock and adrenaline from the incident may initially conceal serious pain and discomfort. You may not feel the full effects of your injury for hours or even days after the accident. Victims believe that if they wait a few days, they will be fine. Putting off medical treatment may well exacerbate injuries which could have been treated with prompt medical attention. Furthermore, waiting to seek medical treatment will significantly reduce your chances of receiving fair compensation in any subsequent claim.
When you arrive at the emergency room, be sure to advise the doctor that you were injured in a motor vehicle accident. During an automobile accident your head can be violently twisted in an unnatural manner causing injuries to the neck, brain, or spine. Describe your injuries in detail in order to help your medical providers properly diagnose them. If the doctor determines that you have sustained nerve damage or disc damage, he or she may prescribe a different course of treatment or additional testing.
It is therefore essential to explain to the doctor all the pain and symptoms you are feeling—even the minor ones. Proper documentation is essential to an accurate diagnosis. Be aware of the fact that the insurance company for the responsible party is going to base the settlement value of your claim not on your subjective complaints—but rather the objective testing and documentation in your medical records. If your medical records do not communicate your subjective complaints, it may appear in court as if you never experienced them.
If pain and discomfort persist, schedule an appointment with your primary care physician as soon as possible. This is very important because serious injuries such as brain injuries or herniated discs are often overlooked in emergency room settings since they do not appear on x-ray. A well intentioned accident victim with a herniated disc can unintentionally exacerbate a serious injury if he or she aggressively treats with a chiropractor or physical therapist prior to an appropriate diagnosis. Therefore, if you are experiencing symptoms of a disc herniation such as numbness, tingling, or shooting pains in arms, hands, fingers, legs, feet or toes, follow up with your primary care physician or neurologist. Your doctor may prescribe a nerve conduction test (EMG), CAT Scan or MRI, or refer you to a specialist in order to accurately and objectively diagnose your injury.
Finally, be sure to fill all prescription medications as directed, heed all medical advice and attend all follow up appointments.
DO I HAVE A CASE?
In most states, an accident victim may pursue a claim against an at fault driver if he or she was injured as a result of the “negligence” of the other driver. Negligence is generally defined as the failure to act as a reasonable person would have under the same circumstances.
Every driver on the road owes every other driver, passenger and pedestrian a legal duty to conduct himself according to a certain reasonable standard, so as to avoid unreasonable risk to others. This duty is breached when a driver fails to conform to this standard of care. This element can be thought of as “carelessness.” If a driver fails to conform to this standard (he or she was drinking, failed to stop at a stop sign or other careless acts) and that failure is the direct cause of your injury, that driver may have breached his or her duty to you and may be liable for any damages causally related to the breach.
DO I NEED AN ATTORNEY?
In a perfect world, an injured party would be able to call the responsible party’s insurance company and easily negotiate a fair and prompt settlement. Unfortunately, we do not live in a perfect world. The reality is, anyone who has been severely injured in an automobile accident should consider hiring an experienced car accident lawyer to negotiate an equitable settlement, or bring suit against the negligent parties.
Every insurance company-especially those who insure trucks and tractor trailers, has teams of adjusters, investigators, lawyers, expert witnesses and accident reconstructionists to assist them in investigating accidents and minimizing payouts. The odds are heavily weighed against victims of personal injury. Fortunately, an experienced lawyer can help level the playing field by providing car accident victims, and their families, with information regarding the practical and legal aspects of personal injury law, auto accident claims and the insurance industry.
Hiring a car accident lawyer is an important decision and should not be taken lightly. At a minimum, try to find a lawyer with expertise in handling personal injury matters. Talk to the lawyer about his or experience in the field and never hire a lawyer who solicits you directly after an accident. If you decide to pursue a claim, hire an attorney as soon as possible after an accident. This article only scratches the surface of the issues involved and there are a myriad of traps for unsuspecting victims. The earlier you contact a qualified attorney regarding your automobile accident, the more your attorney will be able to help you navigate throughout the many pitfalls of personal injury law and the better off you will be.
ABOUT SHEFF LAW OFFICES, P.C.
For over five decades, Sheff Law Offices has developed a reputation for honesty and integrity through aggressive, yet caring counseling of our clients in the fields of personal injury, wrongful death and product liability. Sheff Law Offices has provided honorable and zealous representation to its clients for half a century. Throughout the years, outstanding recoveries have strengthened our firm. As a result, Sheff Law Offices is one of the most successful and experienced personal injury firms in existence. To contact us with a potential case, please call us toll free at (866) 529-8373 or fill out the "Free Case Evaluation Form" below. One of our attorneys will review the form and may contact you to discuss your claim.
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