In addition, you should
make observations and record notes about the following:
Did any person involved
in the accident report any personal injury shortly after the accident?
Was medical assistance
rendered at the scene of the accident?
What personal injury
did the injured person report? Did anyone say "I'm not hurt"?
What was the actual
location of the accident?
In what direction were
the vehicles traveling just prior to the accident?
At what time of day
did the accident occur?
What were the weather
conditions at the time of the accident?
Was there anything
"wrong" with the vehicles before the accident, such
as a broken headlight or brake light?
Was there any damage
to the vehicles as a result of the accident? What parts of the
vehicle were damaged?
Who are the registered
owners of the vehicles (names and addresses)?
Were all vehicles involved
in the accident insured?
What are the names
of the insurance companies and the policy numbers?
Did any of the vehicles
need to be towed from the scene of the accident?
How did the accident
occur?
Did anyone accept responsibility
for the accident, or make a comment such as "It was my fault,
I am sorry. I was speeding / not paying attention / not wearing
my glasses / distracted / tired / late for work / in a hurry /
my coffee had just spilled / I should have seen you but I was
on my cell phone / I've been taking these pills / my eyesight
isn't what it used to be after dark, etc?"
Did the police come?
If so, did they issue anyone a ticket? Which officers were present?
What are their names and badge numbers?
Were any of the drivers
involved driving while working, or driving a company owned vehicle?
Should I call the
police?
Yes! It is important
to contact the police immediately if you are involved in an accident.
Doing so will provide proof of the accident, and will allow for
an immediate investigation of the scene of the accident. In addition,
police will take statements of witnesses, and will examine the
other driver to check for drug or alcohol use. The police can
also be valuable witnesses to your injury at the scene, and they
can assist in securing an admission of fault from the negligent
driver.
Even in minor accidents,
resist the temptation to "keep things simple" by "settling
up" with the other driver on the spot. You should make sure
that you have not suffered injuries which do not develop symptoms
until days or even weeks after the accident, and you should always
consult with your doctor and an experienced attorney to make sure
that you are aware of all of the avenues of recovery available
to you.
When should I contact
an attorney?
After leaving the scene
of an accident, or while still there if you are safely able, you
should immediately contact an attorney who is experienced in handling
personal injury matters. At The Law Offices of Head, Thomas, Webb,
& Willis, we will promptly arrange for an attorney to consult
with you free of charge so as to enable us to immediately
take action on your behalf, while all of the evidence is still
"fresh". If necessary and feasible, we will have an
investigator conduct a thorough analysis of the accident scene
so that no evidence goes undetected.
Contact The Law Offices
of Head, Thomas, Webb, & Willis at (888) 250-6404 for a free
consultation.
Should I contact my
own insurance company?
Most auto insurance
companies require their policyholders to promptly report every
auto accident. Your insurance company will want to gather all
of the basic information concerning the accident for its records
- whether you are at fault or not. Sometimes the insurance company
will want your authorization to make a recorded statement concerning
the accident. We suggest that if you or your passengers were injured
in the accident, or if you believe the insurance company might
try to claim you are not covered or you have any concerns about
the adequacy of your coverage, you should contact an attorney
before you go any further, and certainly before you give the insurance
company permission to record your conversation (NOTE: You should
never give a statement to the other driver’s insurance company
without consulting with an attorney). However, bear in mind that
failure to provide information to your insurance company on a
timely basis - your policy will set forth how quickly you must
notify the company - could result in loss of coverage for the
accident, without it constituting bad faith by the insurer.
Should I go to the
doctor?
Never hesitate to get
checked out by medical professionals even when you feel okay.
Many times the onset of physical complaints begins 12 to 24 hours
after an accident. Even if you did walk away only feeling "shaken
up" after being rear-ended by a truck, tomorrow morning when
you get out of bed it may be a different story.
It is also important
that you get medical attention if you feel any pain or discomfort.
Many people hope that their pain will go away on its own and wait
for several weeks before finally succumbing and going to the doctor.
Waiting to get treatment is not only not good for your health
- it will hurt your chances of obtaining an appropriate settlement
for your injuries, since there will be no medical record of your
injury at the time of the accident. Seeing a doctor following
the accident will insure a preliminary diagnosis and perhaps minimize
the discomfort and future treatment you may need later.
Follow the doctor's
advice to the letter and never miss a doctor’s appointment.
Do not substitute your judgment for that of an experienced medical
professional. If you do, it will be used against you in court.
If you have been in
a serious accident, chances are that someone has already made
a record of what has happened to you. There already is a police
report, an on-the-job worker's compensation report, or the like.
If your condition required immediate medical care, hospital records
will confirm your injuries. Make sure you promptly follow-up with
treatment from your regular doctor or an appropriate specialist
following hospitalization.
Is there anything
special I should tell my doctors?
When you are reporting
your injury to police, paramedics, hospital staff, and doctors,
take extra care to identify specific complaints, and do not omit
any complaint you may have, no matter how minor. If something
does not feel "right" your doctor needs to have this
information order to render an informed medical opinion.
Even if you feel it
is "no big thing" or not related to your accident, you
still should recite all of your complaints. A dry mouth, a light
headache, and a little dizziness may be evidence of something
more serious. Anything that is out of the ordinary is a symptom
and should be reported to assist your doctor in making an informed
diagnosis.
For example, a patient
who has very slight tingling in the fourth and fifth fingers and
a minor crick in the neck, may not report the tingling sensation,
which could be the sign of major disruption to a cervical disk.
If that disk becomes a complete rupture that requires major surgery,
it would have been far better to have had the initial medical
diagnosis at the time of the accident in order to prove when the
onset of the fracture to the outer wall of the disk occurred.
Otherwise, the defense will argue that it could just have well
occurred picking up a bag of groceries three weeks after the accident.
Do I need to take
pictures of the accident scene?
Absolutely. Even if
the police take photos, you should try to take several rolls of
pictures if possible. Always take multiple rolls of film of the
accident location, the vehicles involved, various approaches to
the accident scene, and of the persons involved, particularly
if they have suffered an injury. Plan on taking three times as
many photographs as you think you might need, taking shots from
multiple angles and locations. By moving around as if on the points
of a compass, you will enable an accident reconstructionist to
construct a more accurate diagram of the collision.
A good quality camera
is obviously preferable, but even a small disposable camera is
better than nothing, and they are normally widely available in
convenience stores and gas stations if you do not have one in
your vehicle.
If you are unable to
take photographs, contact our office immediately at (888) 250-6404.
We work with investigators and other expert personnel who often
can rush to the scene of any serious accident and preserve and
document valuable evidence before it is lost.
Do I have to take
photos right away or can I wait?
It is very important
to take photos as close in time as possible to the time of the
accident. This is particularly important when it is necessary
to photograph "impending" skid marks. Tires do not immediately
lock-up and change from rolling tires to skidding tires. During
the braking process, a tire begins to leave an imprint on the
roadway before actually skidding. These marks are "impending"
skid marks and are faint marks that can normally be seen on the
roadway for only 24 to 48 hours after a collision. An impending
skid and a skid mark, when taken together, give a more accurate
record of the actual speed of a car before braking. Lay a shoe
or other easily measured item next to impending skid marks while
photographing them so an accident reconstructionist can later
compute actual distances based on the photographs.
If you are unable to
take photographs, contact our office immediately at (888) 250-6404.
What about preserving
other evidence besides photos?
In many cases, even
though it may not seem important at the time, it later becomes
vitally important to have access to the physical evidence of an
accident. For example, in cases where a passenger is ejected from
the vehicle, it is necessary to examine the seatbelt to determine
if it was functioning properly. If the seatbelt is lost because
the car which contains it is sold or destroyed, it may be impossible
to bring a claim against the seatbelt manufacturer and/or the
car manufacturer - something which can make or break the recovery
of damages in cases where there is little or no other adequate
insurance coverage available.
If the evidence is
removed to another location, it is important to put everyone on
notice by certified mail, including owners, tow operators, wrecking
yards, police impounds, and the like, that they must take every
step to preserve important evidence, and the failure to do so
will subject them to being sued for allowing evidence to be destroyed.
In some cases, we are required to go to court quickly to get a
restraining order and preliminary injunction in order to avoid
alterations or destructive handling and testing of potentially
incriminating evidence.
If you are unable to
retain any piece of evidence associated with the accident, contact
our office immediately at (888) 250-6404.
Should I talk to the
other driver’s insurance company? What if they call me?
Never give an oral
statement to the other side’s insurance company. If you
do, you will regret it. If you are contacted, be polite, but decline
to talk. Insurance companies' claims adjusters are professional
negotiators, with extensive experience in using every psychological
technique to maneuver you into giving information which can hurt
your claim, including discouraging you from using the professional
services of a lawyer.
Claims adjusters are
hired because they sound good over the telephone, but they are
well trained by insurance company lawyers to ask questions in
a manner designed to hurt you and help them. You cannot beat an
expert at their game. Do not try it. Simply say "thank you
for calling but I am not prepared to discuss this matter with
you at this time."
You should seek
the advice of an experienced personal injury attorney, who
can determine the best way to proceed with the adverse insurance
company. Contact The Law Offices of Head, Thomas, Webb, &
Willis at (888) 250-6404 for a free consultation so we can discuss
your case.
