Auto Accident in Decatur

Auto accidents are stressful situations. If you were involved in an auto accident in Decatur, it is important that you take appropriate action to lessen the effect of any damages and to obtain any evidence that could help your personal injury case.

What To Do After An Accident

If you are involved in an auto accident in Decatur, there are some actions you should do:

• Make sure that you are safe. That includes being off the road and away from any dangerous road conditions and oncoming traffic.

• Get medical attention either at the scene or with your treating physician if you need it. Even if you think that you are not seriously injured, it often takes weeks or months for an injury to become apparent.

• Do contact the police and cooperate with the police at the scene of the accident and with emergency responders. Make sure to get the police officer and emergency responders’ names and badge numbers and contact information. You may need them as witnesses at trial. Additionally, the police officer will generate a police report, recording all parties’ contact information, witness information, details of the accident from each party’s and witness’s perspective, and the officer’s findings. The emergency responder will also retain record of a brief summary of the accident along with your injuries and any medical attention they provided you.

• Make sure that the accident scene is protected. For example, if the accident occurs at night put your high beams on, use flares, or redirect traffic safely away from the scene of the accident if you can.

• Take photos or videos of the scene of the accident. Keep the originals on your phone or camera and email yourself a copy of those photos, if you are able. These photos and videos will preserve the evidence that may be used at trial. The damages to the vehicles could provide perspective on how hard the vehicles hit. An accident reconstruction specialist may also used the photos and videos to provide a reconstruction of the accident.

• Make a list of any witnesses at the scene of the accident and get their contact information. When you are able, make notes of anything that you remember regarding the witnesses, such as their appearance, addresses or telephone numbers, their perspective of the accident (e.g. Were they a pedestrian? What side of the road were they on? Did they have an obstructive view?), texts being sent or any other details that could prove helpful to your case.

• Exchange insurance information with the other driver(s). Be sure to get the other driver’s license plate numbers, driver’s license state and number, and contact information. If you move or change addresses before your case is concluded, be sure to update your information with your attorney, your car insurance carrier, and, if applicable, the other party’s car insurance carrier.

• Report the accident to your insurance company. Insurance companies do require that you report any accident to them whether or not you file a claim.

• Apply for benefits. If you are injured in an auto accident in Decatur, you may have a right to apply for benefits in instances such as an uninsured driver or other health benefits. Be sure to file your claim timely.

• Have a friendly voicemail. If you are expecting a call from your insurance company or an attorney, be sure to have a friendly or general voicemail greeting. A specialized voicemail could be offensive to others and color the insurance company’s or other attorney’s view of you.

• Communicate regularly with your attorney. Make sure that you update your lawyer on any developments in your medical condition, medical exams, insurance coverage, the cost of any repairs, and any out of pocket costs or other developments in your case. Maintaining an open communication with your attorney will help resolve your case in a timely fashion.

What Not To Do After An Accident

If you were involved in an auto accident in Decatur, there are some things you should not do:

• Do not leave the scene of an accident until you are dismissed by a police officer. If you flee or leave the scene of an accident, it could worsen your legal situation. For example, you could be criminal charged for leaving the scene of an accident. The degree of charge will depend on the amount of property damages involved and the severity of injuries the other party sustained. An exception would be if you need emergency medical care.

• Do not move your vehicle. If your vehicle is involved in an accident, you do have a responsibility to preserve the scene of the accident. An exception would be if your vehicle is creating a hazard or is otherwise in a dangerous location where it could cause more harm if not moved. Usually, you would move your vehicle to the shoulder but remain close to the accident scene.

• Do not make any false statements. Be sure to tell the truth. That does not mean to admit liability if you are at fault and without speaking an attorney but any statements that you make should be true. If you lie or make any false statements at the scene of the accident, to the police, or on any insurance form, it could void an otherwise valid claim or defense.

• Do not conduct an independent investigation. That is, do not conduct surveillance on the other party or otherwise follow or investigate any party or witness to your personal injury case. This could be considered harassment and lead to criminal action. Your insurance carrier and your lawyer can handle that and will have a better understanding of what facts and evidence could help your claim or defense.

• Do not destroy or hide evidence. If you are at fault or partially at fault in an accident, hiding or destroying any evidence could complicate or worsen your legal situation. It could also lead to civil and criminal fines and penalties. There is also the issue of your credibility; if you hide or destroy evidence, it makes your testimony or statements less credible.

• Do not discuss the case with anyone. This includes your insurance company and the other party’s attorney. Any apology could be construed as an admission of guilt. This also includes social media posts such as Facebook Twitter, Instagram and any other form of social media. Any statements you make or write can be used against you, except any discussions you have with your attorney, which is protected under the attorney-client privilege.

• Do not make any extra comments at the scene of the accident. Do not volunteer information at the scene. For example, do not discuss your finances or whether you are fully insured with anyone at the scene of the accident. Although you are obligated to produce your car insurance, you should not state what your policy limits are.

• Do not agree to any settlement without first speaking with your attorney. Your attorney may have a game plan or insights as to how to lessen your liability or exposure in your case. Additionally, you may be eligible for other damages, such as lost wages, emotional distress, future medical expenses, pain and suffering, etc., that may not have been calculated in the settlement offer. You could waive your right or ability to do so if you do not speak with your attorney before signing any documents.