In a car wreck, adrenaline starts running and all the emotions, and possibly even pain from an injury, can easily make it difficult to make good decisions. Take a few moments now to familiarize yourself with the important first steps to take after a car wreck, with suggestions from a car wreck attorney in Columbia, MO.
Under no circumstances should you ever drive away from a wreck, and especially if anyone has been injured. Even if the other driver leaves, wait there for the police unless the accident is so very minor that the police tell you they’re not coming to investigate (which does happen in a few very rare situations). If the accident is severe and there are serious injuries, don’t attempt to move anyone unless you have to to keep them safe, such as if they are out in the middle of traffic or in danger from a car fire. If anyone has been seriously injured, call 911 immediately.
If there are no serious injuries, and if your vehicle is at all drivable, Missouri law requires you to move your vehicle out of the road immediately. This is known as the “Steer It, Clear It” law, and not only is it a requirement for you, but the law also forbids either the police or the insurance companies from penalizing either party for obeying this law.
The reason you need to do this is first to keep yourself, the other driver, and any passengers safe. Some people are just not very observant on the road, and when your cars and yourselves are out in the road, there’s a greatly increased chance that someone will hit you. This also allows first responders to more quickly clear a crash scene and to reach you more quickly, too. If you remain in the middle of the road, the traffic behind you will begin to congest quickly and may actually stop first responders from being able to get to you in a timely fashion.
Once you have dealt with any injuries, and you have moved your car, the next step is to contact the police and inform them of the accident. If you already had to call 911 because there was an emergency, you will not have to call the police separately. But if there were only minor injuries and damage to the vehicles, you will need to call the police and notify them. At that point, the dispatcher will tell you what to do; whether you should wait for the police or move on and file a report later.
The next step is to exchange all necessary and important information with the other driver. You need to give and get names, insurance information, and information about the vehicles, like license plate numbers and the make and model of both cars.
Make every effort to guard your speech as you exchange info with the other driver. Do not admit fault or even say that you are sorry, as this could be construed later as an admission of fault. This does not mean that you can’t express empathy with another person’s injuries or losses, but you want to be very careful about saying anything that could sound like you’re taking responsibility. Even if you believe you are responsible, at this point you should not say so to the other driver. You don’t know everything that happened because you only have the perspective of your own vehicle. Wait until you have all the information and have talked to a car wreck attorney here in Columbia, MO.
It should also be said that if the other driver is combative or violent, it may be wise not to exchange information with them until the police come. If necessary, get in your car and wait there for the police. If you feel that you are in immediate physical danger from an angry driver, get to a public place where you feel safer, such as a nearby store, and call 911.
While you wait for the police to arrive, be gathering important evidence that you will use for your case if you bring a claim against the other driver and their insurance company. Be sure to take photographs of the entire accident scene. These photos should include skid marks, if there are any, the weather conditions, any objects that may have contributed to the accident (such as a pothole or something lying in the road), and both cars and their damage. Try to get both close-up shots and also wider angle shots. If you’ve been injured, take pictures of your injury as well.
If there are any witnesses, politely approach them and ask if they would be willing to give you their name and phone number so that your lawyer can contact them to get a statement. Take a look around to see if there are any video cameras that might have captured the event. These could be dash cams or traffic cameras, but also look to nearby stores to see if there might be a security camera. You want to tell your lawyer about this quickly, since security camera footage is often erased fairly quickly to make room for more recordings.
When the police arrive, give them a completely honest and factual account, but don’t speculate about fault. Whether you think that you’re at fault or you think the other driver is at fault, don’t suggest anything that you don’t know for certain. Just state clearly what happened and then ask to get a copy of the report to make sure that what you said was accurately conveyed.
This step assumes that you were not so badly injured that you had to go to the hospital immediately. If you’re well enough to remain at the scene for a little while to get evidence and talk to the police, you should still visit at least an urgent care center once you’re ready to leave the accident scene. Tell them that you have been in an accident, and they will know what to look for to make sure that you don’t have any injuries you aren’t aware of. The adrenaline that courses through us after a major event like a car accident can mask the pain of many injuries.
As soon as possible after the accident, contact your own insurance company, even if the other driver was at fault. Your own insurance company will begin the process of contacting the other driver’s insurer. Be sure to give only the facts of what happened, and again, avoid speculating about fault and especially avoid admitting fault in any way.
Contact an attorney with experience in personal injury law and particularly in car wrecks. An attorney will be able to thoroughly investigate the accident on your behalf, including getting video footage, and will negotiate on your behalf with the car insurance company, help you calculate the full extent of your damages, and represent you in court if needed.
For experienced help after a car accident, contact us today at the Wendt Law Firm P.C. for help in Columbia, Kansas City, and surrounding regions.