A car accident can leave you shaken, injured, and uncertain about what comes next. The physical pain, emotional distress, and financial strain can turn your life upside down. You may be entitled to compensation if injured in a crash caused by someone else’s fault.
Pursuing justice for your losses isn’t straightforward, as you must deal with insurance companies, meet strict deadlines, and gather strong evidence to prove fault. You should, therefore, work closely with a legal professional to protect your legal right to compensation.
A skilled car accident lawyer can assess the facts and circumstances of the case, compile evidence, initiate a compensation claim, and handle negotiations on your behalf. With their knowledge of personal injury laws, they work to secure the maximum compensation you deserve.
Key Takeaways
- Prioritize medical attention after a crash to protect your health and document injuries.
- File a police report for an official record supporting your claim.
- Notify your insurer promptly, but avoid early settlements without legal advice.
- Work with a skilled car accident lawyer to prove fault, gather evidence, and negotiate fair compensation.
- Evidence, including photos, witness statements, and professional testimony, strengthens your case.
- Compensation depends on injury severity, fault percentage, and insurance coverage.
- Call a car accident attorney for legal support and advice after the crash.
What to Do After a Car Accident Not Your Fault
Knowing what to do after a crash that wasn’t your fault can safeguard your health and strengthen your legal claim. Taking proper steps after a collision can protect your rights and secure fair compensation.
Here’s what to do after a car crash:
Seek Immediate Medical Attention
You should seek immediate medical attention even if you feel fine initially. Adrenaline and shock can mask serious injuries like concussions, internal bleeding, or soft tissue damage that may not present symptoms for hours or days. A healthcare provider can discover hidden injuries and initiate a treatment plan.
Some injuries, particularly traumatic brain injuries and internal injuries, can be life-threatening if left untreated. What seems like minor discomfort can indicate severe underlying damage that requires urgent intervention.
Prompt medical evaluation also documents the injury and treatment, linking your injuries directly to the accident. A car accident attorney can use medical records to establish the extent of your injuries and their connection to the crash. For example, they can use a physician’s bill to calculate fair compensation for medical expenses.
Delaying treatment allows insurance companies to argue that your injuries resulted from something else or weren’t severe enough to require immediate care.
File a Police Accident Report
You should notify the police after being involved in a crash caused by someone else’s negligence. Filing a police crash report creates an official, unbiased record of the incident that documents details like time, location, weather conditions, and initial observations about fault.
The report provides legal protection by establishing an official timeline and preserving witness statements while events are fresh. Insurance companies heavily rely on police reports when determining fault and processing claims.
Many states require drivers to inform the police about crashes involving injuries, death, or property damage. Failing to file can result in legal penalties and complications with your insurance coverage.
The report also identifies all parties involved, their insurance information, and any citations issued, streamlining the claims process. Even in seemingly minor accidents, underlying damage or injury may emerge later, making that initial police crash report essential for protecting your legal rights.
Notify Your Insurer About the Crash
You should also notify your insurer about the crash. Many insurers require their policyholders to make a notification about the crash within a specific timeline. Your underinsurance/uninsured coverage can cover the injury-related losses if the at-fault party has no coverage or a low coverage limit.
Don’t commence settlement negotiations or sign an agreement because many insurers undervalue claims, shift blame, or make a low settlement offer that doesn’t cover your losses. A car accident attorney can speak with the insurer and protect your right to fair compensation.
Consult a Trusted Car Accident Lawyer
Consulting a trusted car accident attorney after a crash can protect your interests and maximize your compensation. Insurance companies employ teams of adjusters and attorneys whose primary goal is to minimize payouts.
Having experienced legal representation levels the playing field and ensures someone is advocating for your rights. You’re likely to accept a settlement that seems reasonable but falls far short without the guidance of a car accident attorney.
A skilled car accident lawyer understands the value of your claim, including economic and non-economic damages. They can identify compensation categories you might overlook, such as out-of-pocket expenses or long-term care needs.
Car accident lawyers handle all communication with insurance companies, preventing you from saying something that can harm your case. They can also gather evidence, work with accident reconstructionists, and build a compelling case while you focus on recovery.
Most car accident attorneys work on contingency fees, meaning you pay nothing unless they secure compensation. The fee arrangement ensures they're motivated to achieve the best possible outcome.
How to Prove Fault in a Car Accident
Proving fault in a car accident requires collecting compelling evidence demonstrating the other party's negligence or traffic violations. Strong evidence strengthens your insurance claim and protects you from false accusations.
Here are different types of evidence to establish fault and support your case.
Photographic Evidence
Pictures from the accident scene provide powerful visual proof of what occurred. Capture vehicle damage from multiple angles, skid marks, traffic signals, road conditions, and the overall scene layout.
Photos of injuries, license plates, and the other driver's insurance card can complement the evidence. Timestamps and geo-location of images add credibility to your documentation.
Witness Statements
Independent witnesses offer unbiased accounts of the accident. Collect contact information from anyone who saw the crash, including passengers in other vehicles, pedestrians, or nearby business employees.
Written or recorded statements describing what they observed can corroborate your version of events and counter conflicting claims from the other party.
Traffic Camera and Surveillance Footage
Video evidence provides the most compelling proof of fault. Traffic cameras, security cameras from nearby businesses, dashcam footage, and even doorbell cameras may have captured the accident.
A car accident attorney can timely request video surveillance footage, as many systems automatically delete recordings after 30-60 days.
Vehicle Damage Analysis
The location and severity of vehicle damage tell a detailed story about the collision. Accident reconstructionists can analyze damage patterns to determine impact angles, speeds, and vehicle positions during crashes.
The report of an accident reconstructionist often contradicts false claims about how the accident occurred.
Medical Records
Medical documentation establishes the extent and nature of your injuries, linking them directly to the accident. Emergency room records, diagnostic tests, treatment plans, and physician notes create a clear timeline of your condition before and after the crash.
A car accident attorney can use medical records to establish liability and estimate the value of your losses.
Professional Testimony
Accident reconstruction specialists, engineers, and medical professionals can analyze evidence and provide professional opinions about fault determination. These professionals can explain complex technical aspects to insurance adjusters and juries, translating physical evidence into clear explanations of what happened and who was responsible.
Cell Phone Records
Phone records can prove if a driver was texting, calling, or using apps during the accident. Subpoenaed phone records showing activity during the crash timeframe provide strong evidence of distracted driving.
A car accident lawyer gathers comprehensive evidence immediately after an accident to strengthen your compensation claim.
Who Is at Fault for a Car Accident
Determining fault in a car accident is the foundation for securing fair compensation and protecting your rights. You can initiate a personal injury claim or lawsuit after identifying the liable party for the crash.
Here are the parties who can be potentially at fault for the crash:
- Driver: The driver involved in the accident is the most obvious party to consider when assigning fault. Factors such as reckless driving, speeding, distracted driving, or driving under the influence can all contribute to the driver being at fault.
- Vehicle Manufacturer: The vehicle manufacturer can be liable if the car accident occurred due to a defect or malfunction in the vehicle.
- Government Entities: Poorly maintained roads, inadequate signage, or malfunctioning traffic signals can create hazardous conditions that lead to accidents. In such instances, government entities responsible for road maintenance and safety may be at fault.
- Employer: If the at-fault driver was operating a vehicle for work purposes at the time of the accident, their employer can share liability. Employers are responsible for ensuring their employees are trained and fit to drive while on the job.
- Third Parties: Sometimes, parties other than the drivers involved may bear responsibility for a car accident. Third parties who may be liable include negligent pedestrians, cyclists, or even other drivers whose actions indirectly contributed to the collision.
What Is the Average Compensation for a Car Accident
There is no average value for a car accident. The outcome depends on the facts and details of the crash. Here are the factors that determine how much you can receive in a car accident claim:
Severity of Injury
The extent and permanence of your injuries directly correlate with settlement value. Minor injuries like bruises typically result in smaller settlements. On the other hand, catastrophic injuries requiring surgery, rehabilitation, or causing permanent disability command significantly higher compensation.
Shared Fault
Your percentage of fault dramatically impacts compensation. If you're found partially at fault, the insurer reduces your settlement in proportion to your share of responsibility. For example, if you're found 20 percent at fault for a $100,000 claim, you'll receive $80,000.
Even minor actions, like slightly exceeding the speed limit, can reduce compensation.
Availability of Evidence
Strong evidence supporting your case increases settlement value. Precise fault determination through police reports, witness statements, video footage, and professional testimony enhances your settlement negotiations.
Weak or disputed evidence forces insurance companies to make a higher settlement offer or risk losing at trial.
Insurance Coverage of the At-Fault Party
The responsible party's insurance policy limits the amount of your potential recovery. Even with a million-dollar case, you can only collect up to the defendant's coverage limits unless they have significant personal assets.
Minimum state coverage requirements often fall short of serious injury claims, potentially leaving victims undercompensated.
Don’t Face the Insurance Company Alone
You’re likely to endure financial strain after sustaining an injury in a crash caused by someone else’s negligence. For example, a back injury can prevent you from returning to your previous job, reducing your earning capacity.
While you may be entitled to compensation for the above losses, the negligent party's insurer may reject your claim or blame you for the loss. A car accident lawyer can present compelling evidence to the insurer or before a judge to maximize your settlement value.
Get in touch with a car accident lawyer after the crash.
Frequently Asked Questions
When Should I Hire a Car Accident Lawyer?
Hire a car accident lawyer immediately if you've suffered serious injuries, face disputed fault, or encounter uncooperative insurance companies.
You should also consult a car accident attorney after accumulating significant medical bills, lost income, dealing with multiple parties, or if the other driver was uninsured. Speaking with a car accident attorney immediately after the crash protects your rights and maximizes potential compensation.
Do I Need a Lawyer if There Are No Injuries?
Even without apparent injuries, consider speaking with a car accident lawyer. Hidden injuries like whiplash, concussions, or internal damage may emerge days later. Emotional impact, like anxiety, mood disorders, or sleep disturbance, also deserves compensation.
They can also solve damage disputes, insurance bad faith, or pursue compensation for future medical complications.
What if the Other Driver Fled the Scene (Hit-And-Run)?
If the other driver fled, immediately seek medical attention, even for minor symptoms, as adrenaline can mask injuries. Also, contact the police and your insurance company promptly.
A car accident attorney can help locate the fleeing driver using surveillance footage, witness statements, and investigative resources. They'll also explore compensation options through your uninsured motorist coverage or by initiating a lawsuit against the hit-and-run driver once identified.