Car accidents are an unfortunate reality on the streets of Omaha and throughout Nebraska, a state crisscrossed by interstates and jammed with traffic in larger cities. While the state’s strategic location makes it a hub of commerce and connectivity, it presents a unique set of challenges for drivers. Accidents can happen anywhere, and they can be both physically and emotionally traumatic, resulting in extensive medical treatment and mounting medical bills.
If you or a loved one suffered injuries in a car accident, seeking the assistance of a car accident lawyer in Nebraska may be crucial. You may be entitled to compensation for your medical bills and other damages. Knowing what to do after a car accident significantly improves your chances of recovering maximum compensation in your car accident case. In this blog post, we'll guide you through the crucial steps to take after a car accident, ensuring that you protect your rights and well-being.
10 Steps to Take After a Car Accident
Here are some steps you can take after a car accident to support your claim for compensation:
1. Ensure Safety First
After a car accident, the scene can be chaotic and dangerous. The safety of everyone involved should be your top priority. First, assess your own condition. If you're able, check on the well-being of passengers in your vehicle. If anyone is injured, call 911 immediately. Do not attempt to move injured individuals unless they are in immediate danger, as moving them may worsen their injuries.
If the accident is minor and no one is injured, move your vehicle(s) to a safe location if possible. This helps prevent further accidents and reduces traffic congestion. If the vehicles cannot be moved, turn on hazard lights and use warning triangles or flares to alert other drivers.
2. Contact the Authorities
It's essential to report the accident to the police, even if it's a minor one. Police can help ensure that injured parties receive medical attention promptly, manage traffic to prevent further accidents, and provide guidance on what steps to take next.
Law enforcement officers also investigate accidents and document the details accurately. When they arrive at the scene, they will create an official police report that includes essential information such as the location, date, time, weather conditions, witness statements, and the statements of the involved parties. This report provides an official record of the accident and can be invaluable for insurance claims and legal proceedings.
3. Exchange Information
After a car accident, it's important to exchange information with other drivers and passengers involved in the accident, and any witnesses to the accident. This helps with your insurance claim and any potential legal matters.
From other drivers, collect the name of their insurance company, policy number, and vehicle information, such as make, model, and license plate number. Also, collect the name and phone numbers of the other driver as well as any eyewitnesses.
4. Document the Scene
Accidents can be chaotic, and memories can fade over time. Documenting the scene immediately helps preserve crucial evidence that may be needed later to help establish who was at fault in an accident.
Proper documentation can expedite the claims process and ensure you receive fair compensation. If a lawsuit arises from the accident, having thorough documentation can be invaluable in court to support your case. Some information you may want to document includes:
- Date, time, and location of the accident
- Photos or videos of the accident scene, including damage to vehicles, the position of vehicles, skid marks, and any relevant traffic signs or signals
- Any visible injuries on yourself or others involved in the accident.
- Weather conditions and the state of the road (wet, icy, etc.) at the time of the accident
- Detailed description of how the accident occurred from your perspective
- The condition of traffic signs and signals at the scene
Remember to stay safe while documenting the scene, and if you're injured or unable to do so, seek medical attention first. If you can't document the scene yourself, ask a witness or law enforcement officer to help gather this information. Accurate documentation can significantly benefit you in the aftermath of a car accident.
5. Gather Witness Statements
If anyone witnessed the accident, ask for their contact information and to give a brief statement about what they saw. Witness statements can help establish what actually happened during the accident. They provide an objective account of the events from individuals who were not directly involved in the accident, which can help clarify any disputes or conflicting accounts. If multiple witnesses provide consistent statements pointing to one driver's negligence, it can significantly influence how liability is assigned.
When filing an insurance claim, having witness statements can strengthen your case. Insurance companies rely on evidence to assess claims, and unbiased witness statements can support your version of events.
If the accident leads to legal action, such as a lawsuit, witness statements can serve as valuable evidence in court. They can help establish liability and contribute to the overall strength of your case.
It’s important to gather witness information as soon as possible. Memories fade over time, and witnesses may forget important details or become harder to reach as time passes. Gathering statements promptly ensures that their recollection of the accident remains fresh and accessible.
6. Notify Your Insurance Company
You should notify your insurance company if you're involved in a car accident, even if it's not your fault. Most car insurance policies require policyholders to promptly report any accidents, regardless of fault. Failure to do so could potentially result in your claim being denied or delayed. Notifying your insurance company as soon as possible allows them to assess the situation and determine if you have coverage that can help you, even if the accident wasn't your fault.
When you contact your insurance company, provide them with the necessary details, such as the other driver's name, their insurance company and policy number, and the type of vehicle. Do not give any statements or sign any documents until you have consulted a lawyer. And never admit fault. The insurance adjuster may use your words against you to limit or deny your claim. To ensure your rights are protected, talk to a lawyer first.
7. Seek Medical Attention
Even if you don't feel injured right after the accident, it's essential to see a doctor for a thorough evaluation. Not all injuries are immediately apparent. Some, such as internal bleeding, soft tissue damage, or concussions, may have delayed symptoms. Prompt medical evaluation can detect these hidden injuries before they worsen.
Seeking immediate medical attention also creates a medical record that documents your injuries. This documentation is important if you need to file an insurance claim or pursue legal action against the at-fault party. It provides evidence of the extent of your injuries and your medical expenses, which are essential for a successful claim.
If the accident was someone else's fault and you decide to pursue a personal injury lawsuit, a delay in seeking medical attention can weaken your case. Insurance companies and defense attorneys may argue that your injuries were not severe or were unrelated to the accident if you didn't seek prompt medical care.
8. Consult with an Attorney
If you sustained injuries or significant property damage, it's wise to consult with a car accident attorney. A lawyer can help you in the following ways:
- Legal Experience: Personal injury attorneys specialize in car accident cases and understand the complex legal aspects involved. They have the knowledge and experience to navigate the legal system effectively.
- Protecting Your Rights: A lawyer can help you understand your rights and ensure they are upheld. They will work to protect your interests and prevent you from being taken advantage of by insurance companies or the at-fault party.
- Determining Liability: An attorney can investigate the accident to determine liability. They will gather evidence, speak to witnesses, and review police reports to establish who was at fault. This is essential for pursuing a claim or lawsuit.
- Maximizing Compensation: Lawyers are skilled at assessing the full extent of your damages, including medical expenses, lost wages, property damage, pain and suffering, and future costs. They will work to maximize the compensation you deserve.
- Dealing with Insurance Companies: Insurance companies may try to offer a low settlement or use tactics to minimize their payouts. An attorney can handle negotiations with insurance companies on your behalf, ensuring that you receive a fair settlement.
- Navigating Complex Laws: Car accident cases can involve a web of state laws, insurance regulations, and legal procedures. A lawyer can guide you through this complexity and ensure you meet all deadlines and requirements.
- Contingency Fees: Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement eliminates the need for upfront legal fees and aligns the lawyer's interests with your goal of obtaining compensation.
- Access to Resources: Attorneys have access to resources such as accident reconstruction experts, medical professionals, and investigators, which can strengthen your case.
- Litigation Support: Having an attorney is essential if your case goes to court. They will represent you in court, present your case to a judge and jury, and advocate for your rights and interests.
9. Preserve Evidence
Keep all documents related to the accident, as this documentation can be essential when seeking compensation. Evidence you should try to preserve includes:
- Any evidence you collected at the accident scene, including insurance information for the other drivers and eyewitness contact information and statements, if you have any.
- Photos and videos of the accident scene, vehicle damage, road conditions, traffic signals, and any visible injuries.
- The police report.
- Records of all medical treatment related to the accident, including hospital visits, doctor's notes, prescriptions, and receipts for medical expenses.
- Photos of the progression of the injuries you sustained in the accident over time.
- If relevant, records of your vehicle's maintenance and repairs to establish its pre-accident condition.
- Your own detailed account of the accident while the events are still fresh in your memory.
- Records of any communications related to the accident, such as emails, text messages, or letters with insurance companies, witnesses, or the other party involved.
- Receipts and invoices to document the costs of repairing or replacing your vehicle.
- All expenses related to the accident, including medical bills, prescription costs, transportation expenses, and any other out-of-pocket expenses.
- Records of your lost earnings due to your injuries, including pay stubs, employment verification, and income statements.
- Any emotional distress or psychological symptoms resulting from the accident, which may include therapy records or notes from mental health professionals.
10. Be Cautious on Social Media
You should exercise caution on social media after a car accident because what you post online can be used as evidence against you in your insurance claim or legal proceedings. Insurance companies and opposing parties often monitor social media accounts to gather information that they can use to dispute the extent of your injuries, your activities, or your version of events.
Even innocent posts or photos can be taken out of context and used to challenge your credibility, potentially affecting the outcome of your case. It's advisable to refrain from discussing the accident or your injuries on social media and to adjust your privacy settings to limit access to your profiles during this time to protect your legal interests.
Consult a Lawyer for Your Car Accident Case
Car accidents are stressful situations, but knowing what steps to take afterward can make a significant difference. Prioritize safety, gather information, and seek legal guidance if necessary. By following these guidelines, you can protect your rights and work toward a fair resolution in the aftermath of a car accident.
Remember, you don't have to navigate this challenging situation alone — the personal injury attorney in Nebraska at Steffens Law Offices, P.C., are here to help you every step of the way.