As drivers, there are precautions that we need to follow in order to keep ourselves and others safe while we are on the road. Tests and permits ensure that we all know how to interpret road signs before we are issued licenses to drive. We are also taught the rules of the road.
However, the road is still a public place. No matter how careful we are, if the people that we share the road with are negligent and irresponsible, we will never be out of harm’s way. If you are among those who are unfortunately involved in accidents because of others’ negligence, know that the law is on your side.
Most states impose at-fault policies, which means that those who are proven to have a greater share of fault in a road mishap are made to pay for the other party’s recovery expenses.
But the legal process cannot be initiated without your input and full cooperation. To guide you, here are the most important pieces of evidence you should prepare to help you with your accident claim.
Get medical assistance
Before you pay attention to anything else, think of yourself first. If you are injured, try not to move and call the paramedics. When you reach the hospital or doctor’s clinic, make sure that you are able to get all the treatment that you need. Also, see to it that you undergo tests that can uncover injuries and other issues that are not immediately obvious.
Why is it important to get treated right away? Most car accident FAQs will tell you that your insurance company may use your response as evidence. If you wait several days—even if it’s for financial reasons—they may use it to argue that your injuries are not as serious as you report. They may even argue that there is no proof (with x-rays and reports) that your injuries occurred before or after the car accident.
The moment it’s proven that you resisted or delayed treatment, the insurer of the at-fault party can argue that some of your injuries were caused by your own negligence. This weakens your claim, and you might end up not receiving the compensation that you deserve.
Gather evidence
When you make claims (and if your case results in personal injury litigation), your story of how the crash unfolded will become the center of attention. Even if you are telling the truth, it will be easy to counter your claim if you don’t present solid evidence.
Because of this, it’s important that you secure pictures of the accident, including cars’ positions, skid marks, and any other element that will support your story. This evidence won’t be available if you don’t get it at the scene. Your car accident attorney will recommend getting sworn statements from witnesses, so get their contact information if you can.
Talk only to your lawyer
Anything that you say can be used against you. Bear this in mind at all times, especially when you are involved in a serious car crash. At the very least, do not apologize to anyone at the scene.
Your apology can be interpreted as an admission of culpability or guilt, effectively weakening your claim. All the statements that you make must be developed after speaking to a competent accident attorney that you trust.
If you are the aggrieved party in a car crash, getting compensated for your inconvenience might be the only consolation that you get. This might be your first step to reclaiming your financial stability. Make sure that you get the most out of it by diligently gathering all the evidence for your claim.
This article does not necessarily reflect the opinions of the editors or management of EconoTimes