Victims of car accidents are entitled to fair compensation that they need to start rebuilding their lives. While being involved in a car crash can be stressful on its own, filing a personal injury claim can make the entire process even more overwhelming. In order to have a better chance of securing compensation, you need evidence that sheds light on who was at fault. Having a qualified lawyer by your side every step of the way will give you peace of mind while you handle the accident’s traumatic aftermath.
Immediate Steps to Take After an Accident
The first thing to do after an accident is to ensure everyone’s safety and secure the scene. Move vehicles to a safe area if possible, turn on your hazard lights, and check for injuries. So, after securing the scene, what’s the next part? The most important thing is to remain calm and follow a few crucial steps.
Call 911 immediately, even if no one is seriously hurt. Some injuries take days to show symptoms, and it might be too late by the time they’re discovered–This is known as delayed onset. Even for minor accidents, report the accident to the police – an official report will prove the details of the accident and will be helpful for insurance purposes. Stick to factual statements only and don’t say anything to the insurers.
You can start documenting the details once the immediate safety steps are addressed. This documentation will be necessary for insurance claims and any potential litigation.
Common Mistakes in Accident Scene Documentation
In the rush and chaos, it’s easy to forget the small details that can make or break your case. However, you must keep in mind that failing to gather enough evidence is one of the most common mistakes people make.
Visual proof is powerful, so don’t forget to take detailed pictures of any visible injuries and damages. Gather the witnesses’ contact information as soon as possible – they might leave before the police arrive, so acting quickly is important. Documenting road signs and skid marks helps build a clearer picture of what exactly happened, so you must take pictures of those, too. Leaving no stone unturned when it comes to gathering evidence ensures you get fair treatment from insurance companies.
The Role of Documentation in Determining Fault
The role of proper documentation is to help victims determine who was at fault in an accident. The opposing party’s insurers and attorneys will almost completely rely on evidence gathered at the scene to piece together what happened, so photos and statements become especially important when stories from both parties differ.
For example, if you document that the other driver ran a red light or show damage that aligns with your version of events, it becomes easier to prove your case. The stronger your documentation, the more likely you are to demonstrate fault accurately, so it’s always a good idea to have a qualified New York car accident lawyer by your side to ensure no detail goes unnoticed.
Essential Elements to Document at the Scene
To build a strong case, you need to document several essential elements at the accident scene. Here’s what you should focus on:
- Photos of the entire scene: Take wide shots of the accident from multiple angles, including the surrounding area.
- Close-ups of damage: Capture detailed images of dents, broken glass, and other vehicle damage.
- Injuries: Photograph any visible injuries as soon as possible.
- Traffic signs and signals: Include shots of stop signs, yield signs, or traffic lights that may be relevant.
- License plates and insurance information: Make sure you capture the other driver’s license plate and insurance details.
Gathering Witness Information
Witnesses are neutral third parties, so their testimony can add credibility when fault is disputed. If any bystanders saw what happened, you should immediately get their complete contact information – full names and phone numbers make it easier for everyone to follow up. Make sure to record their observations, as even the briefest statement can make a huge difference to your claim.
Documenting Injuries and Medical Treatment
Consistent documentation of your medical treatment will strengthen your case when proving the extent of your injuries. Visiting a doctor helps document your injuries and connects them to the accident, which can be crucial when filing an insurance claim. Keep copies of:
- Medical reports
- X-rays and scans
- Prescriptions
- Bills related to doctor visits, physical therapy, or medications
Preserving Evidence for Insurance Claims
Insurance companies require thorough documentation to process your claim and provide fair compensation. Photos and medical records are, of course, excellent proof; however, you can also consider keeping a journal of how your injuries affect your daily life. Describe pain levels, missed work, or limitations in mobility – the more detailed your documentation, the harder it is for insurance companies to downplay your claim.
The Role of Police Reports
Police reports provide an unbiased, official account of the accident. Police officers will document the time and location of the accident and will account for any violations that occurred. Having an official police report can help you while you’re dealing with insurers’ tactics and legal disputes. Be sure to request a copy of the report for your records as soon as it’s available.
When to Seek Legal Advice After an Accident
If you’re struggling to get a fair settlement or if the other party is disputing fault, it’s a good idea to seek legal advice. An experienced personal injury attorney can help you navigate the claims process and advocate for your best interests. You should especially consider legal help if:
- You’ve sustained serious injuries.
- There’s a significant dispute over fault.
- The insurance company is offering a low settlement or denying your claim.
The experienced attorneys at Omni Injury can help ensure you’re not taken advantage of. Do not hesitate to reach out to our team at +1 (646) 503-0404 to get a free consultation and start moving on from the accident.