Although there are many causes for auto accidents like low visibility and road conditions, the introduction of cell phones and distracted driving has undoubtedly changed how most motorists behave behind the wheel. It is well known that auto accidents and collisions are one of the leading causes of injury and death in the United States.
In general terms, someone is liable for damages caused in a collision if the collision is caused by their acts or omissions. If these omissions or acts were unintentional, or if they are not what an ordinary person would do under the same or similar circumstances, they might also be considered negligent. Negligence essentially means that someone either fails to act as any other person would in the same situation, or fails to act as any reasonable individual would. Therefore, someone might be liable for a collision due to their negligence. This is considered an accident. When someone is liable for an accident, they typically are also liable for compensation. What you do and don’t do following a vehicle accident can drastically affect the outcome, so it is critical that you understand the process and what to say and what not to say or do.
Also, sometimes people cause accidents intentionally. While they may still be liable for the injuries and damages they cause, in many cases an insurance policy will not cover those intentional acts or omissions. Insurance covers the negligent operation of a motor vehicle, not intentional acts that result in a collision or damage to a person or property. So, if someone hits you on purpose with their car, they may still be liable for your damages, but their insurance policy will not cover it since there is no negligence. You will have to try and recover money for your damages from the person directly, and that usually is quite difficult.
The first step is to move the vehicles off the roadway, for the safety of everyone involved, including anyone involved in the collision, responding officers, EMT’s, and so forth. Do this if it is safe to move the vehicles. Next, obtain any witness’ contact information, take photographs of the vehicles involved in the crash, and contact the authorities. We recommend taking pictures of the damage to all vehicles involved, license plates, driver licenses, and insurance cards prior to the police arriving.
Taking appropriate steps such as calling the police, exchanging the necessary information, gathering witness statements, mutually contacting insurance carriers, taking those photos and videos of the accident scene and individual vehicles, and most importantly, documenting injuries by receiving the care you need immediately following the accident will be necessary to fully document the facts of how the collision occurred as well as prove the damages needed to obtain the maximum compensation you may recover. Don’t forget to photograph the physical injuries that may appear, such as lacerations, abrasions, bruises, and swelling.
The first step after an accident happens is necessarily determining who is at fault, or liable for the collision. The way to determine fault usually stems from deciphering the acts and omissions of the people involved immediately before, during, and after the collision. If you don’t properly document everything, there is a good chance that you might not receive fair compensation for your injuries and damages. Your actions do affect how liability and fault is perceived and determined.
The most important thing to remember is that less is more. Always exercise restraint when speaking to others, discussing the accident, and avoid social media entirely or making any mention of it in social media circles.
While the actions of those who are involved in the collision are what is considered in determining fault, it is often the reporting officers and the insurance companies who determine fault, initially. Insurance companies use the documentation and witness statements to determine who is at fault, and thus who is liable, for injuries and damages. Knowing how insurance companies determine fault is important for everyone involved.
All factors, including the police report, documentation of medical care and injuries, state traffic laws, the type of vehicular accident, and photos can be extremely important to both protect you and to prove your case.
It is critical that you call the authorities for an official police report that will go to both insurance companies. Even if there are no noticeable injuries or damages, it is a good idea to get it all down on paper. Obtaining a police report and keeping it on file is the best way to ensure that things have been documented, should something arise later related to the liability of your car accident case.
Once the report has been filed, you will want a copy for your records. It is essential that you read over the report, looking for inaccuracies. Also, look for any events or opinions that need to be changed or removed due to the facts concerning the case. It is possible to have the document altered and added to your statement, if necessary. Typically, only those who are involved in the accident have the ability to amend it; make sure that it reads exactly as things happened. Oftentimes, officers get the facts wrong, or they have to render their own interpretation of what happened. One way to combat this issue is to have an in car video camera that can be shown to the officer, as well as the insurance carrier, to better understand how a collision occurred.
Be advised that your answers to questions when talking to an insurance carrier are almost always recorded. If you are questioned, it is critical that you remember that all that you say can and will be used against you, if necessary. Write down the things you believe are most important and if something is not asked or answered properly, make sure it is amended. It is our opinion that you make the decision to hire an attorney before you speak to anyone other than the police officer. Insurance companies will ask you questions regarding the accident, and it is our recommendation that you have an attorney present to protect you during any questioning.
There are many state traffic laws that impact fault assignment, such as running a stop sign or red light, and there are certain actions that can also suggest fault is on one party. Things like rear-end collisions are one of the most common situations where fault is presumed to be on the vehicle that struck the vehicle in front. However, there are situations where this is incorrect, such as if a vehicle exits a private drive directly in front of a vehicle with the right of way, and the vehicle that has the right of way has no opportunity to avoid striking the other vehicle from behind. Again, witness statements, in car video cameras, and proper documentation can be the deciding factor.
It is important to pay attention to things like green lights, and if possible, get photos and videos from eyewitnesses. We frequently get asked about the cameras that appear on light posts, traffic signals, and on street signs. Most of the time, these cameras transmit information to a traffic control center.
Generally speaking, these cameras do not record what is being filmed, but rather, are used for a traffic control center to monitor the flow of traffic, and to publish information on television, radio, and the internet about current traffic conditions and problem areas. Other private cameras, such as doorbell cameras, security cameras at businesses, and in car cameras are oftentimes utilized to determine how an accident occurred, as these types of cameras record the footage, and can be retrieved after a collision.
If you have been in a collision, and you want or need assistance in protecting your right to recover from the liable party, or if you believe that you are wrongly being accused of being at fault in an auto accident, call us immediately. We will evaluate your case for free, and advise you if we think you would benefit from hiring us to make sure you receive the compensation that you are entitled to recover. Contact us to put our decades of experience to work for you!
