The Top 10 Essential Steps to Take Immediately After a Car Accident to Protect Your Legal Rights

One of the most stressful things for a human being to endure is a car accident. Because not only
is there a possibility of death from a car accident, but it’s also possible to lose a lot of money as a
result of the accident and not get any compensation for it. This is especially problematic if the
accident was caused by something beyond the driver’s control, whether it was another driver or
an environmental hazard. For this reason, one ought to know how to take the right measures
after a car accident to get financial compensation and hold the ones responsible for the accident
accountable through legal action. Listed below are the most common and advised steps to follow
that will protect one’s legal rights in the aftermath of an accident.

1) Get to a Safe Place

No matter how severe a car accident is, it is the driver’s top priority to make sure they
and any passengers in their car are safe. So if the car is still functioning after the accident, one
should pull it over to the side of the road to prevent other drivers from getting hurt. Now let’s
say the car is too damaged to move, then what? In that case, leave the car with the passengers
unless the damage is so severe that no one can move without exacerbating any sustained injuries.

2) Call the Police/Emergency Services

Once the car is safely out of harm’s way, the next step a driver should take is contact
emergency services. Because if the driver and/or passengers in the car are too injured to move,
they should be taken to the hospital right away. Also Colorado State Law does require one to
make a report about an accident to the nearest police officer on duty, so it’s best to do it to avoid possible legal ramifications down the line. Plus “The police report can be valuable for insurance
claims and legal purposes” according to McQuaid Injury Law as police reports tend to be
unbiased and very thorough in their findings which will make proving things like liability and
compensation easier.

3) Seek Medical Attention

Even if the injuries from the car accident aren’t severe enough to require going to the
hospital to treat them, it’s strongly advised to still see a doctor about the injuries-in-question.
After all, there’s a possibility that these seemingly minor injuries might be more severe than they
seem or will get worse if not treated right away. On top of that, having a medical record of the
injury could be used as proof of the damage done by the accident. Though if one takes too long
to get a check-up on the injuries, it will be easier for the other party to claim the injury wasn’t
because of the accident thus creating a significant obstacle for getting compensation or proving
one’s innocence.

4) Gather Evidence

Now one shouldn’t rely on police reports and medical records alone to prove who or what
was at fault for a car accident. That’s why most accident attorneys strongly encourage drivers to
gather as much evidence as they can regarding the events that led up to the accident, what
happened during the accident, and the aftermath. An easy way to do this is to take photos of “the
damage to all vehicles involved as well as the surrounding area” says Dormer Harpring law firm.
Because if the accident was caused by an issue with the road like a pothole or something like
that, a photograph will prove this with the same logic applying to a collision between cars where
one was clearly at fault more than the other.

5) Exchange Information with Other Drivers/Witnesses

Another important step to take following an accident is to speak to other nearby drivers
and witnesses to exchange information regardless if they were involved in the accident or not.
This means getting their personal contact information, insurance company contact information,
license plate and driver’s license numbers before giving them one’s similar information in turn.
It may sound like a pain to do, but gaining such information will actually be quite valuable for
filling out an accurate police report to determine who was at fault during the car accident. Plus
the testimony of witnesses will help back up one’s story to possibly get compensation.

6) Tally Up Lost Income Due to Accident

Depending on how bad the injuries are after surviving a car accident, one may have to
take some time off work to properly heal. The only downside is the possibility of not getting
paid for those days off. Now Colorado law requires workers’ compensation for employees who
cannot work because of their injuries regardless if the injuries are temporary or not, but only if
the claim is accepted. For this reason, it wouldn’t hurt to keep a record of the income that has
been lost from healing due to the accident such as bank statements and pay stubs in case the
employer refuses compensation and legal action is required to get it.

7) Keep Accident-Related Documents Together

To determine if a person is entitled to compensation for the damages done to them
because of a car accident, a lot of evidence has to be accounted for and proven in a legal case.
So things like medical records, police reports, lost income records, repair estimates and such
ought to be kept track of should one need to take legal action to get proper compensation.
Because every detail counts in a legal case for compensation, no matter how small it may seem. And if enough information isn’t provided, the opposing party might be able to disprove the
wronged driver’s claim thus reducing their chances of proving the other party was at fault.

8) Check State Laws and Regulations on Compensation

Now depending on the state one lives in, there may be slightly different laws and
regulations regarding the procedure for getting compensation in the aftermath of a car accident.
For instance, Colorado is an ‘at-fault’ state meaning “Car accident victims must file claims with
the other driver’s insurance company” and then “The at-fault driver’s insurance pays the
damages if the plaintiff proves their claim” as explained by FindLaw. Thus it wouldn’t hurt to
do research into one’s state laws to be clear on how to take legal action against the opposing
party and what kinds of compensation can be gained. Not only will this clarify things that might
be confusing for those not familiar with legal jargon but also be informative for making the right
decisions to protecting one’s legal rights in relation to a car accident.

9) Contact Insurance Provider

It is strongly advised to get in touch with a car insurance provider shortly after an
accident since they’re the ones that are supposed to financially protect a driver from having to
pay out of pocket for things beyond their control. Though according to Sepulveda Sanchez Law,
“Insurance companies will twist your words in any way possible to avoid paying out your claims,
even if you didn’t think you were at fault in the accident.” What this means is insurance
providers might try to protect their own assets by not having to pay as much money to the victim
if they can avoid it. Now that isn’t to say all insurance providers are untrustworthy and should
definitely be contacted after an accident, though it might be best to avoid telling them
unnecessary details in case they attempt to deny one’s claim.

10) Get in Touch with an Accident Attorney

Before revealing any personal details about the accident to the car insurance provider, it
might be good to consult a legal professional first. Specifically, an attorney that specializes in
dealing with car accidents and the like. After all, they know state laws better than most people
and can help determine the best path towards getting compensation. Plus it’s their job to protect
the wronged individual from any legal consequences that may be unfairly forced upon them by
the opposing party.

For any further questions about what steps to take after an accident to protect one’s legal rights,
feel free to contact accident attorney Rick Wagner.