MOTOR VEHICLE ACCIDENT
Being involved in a motor vehicle accident can be a jarring and overwhelming experience. Understanding your rights and responsibilities is crucial to protecting yourself and ensuring you receive compensation for any losses incurred.
What Should You Do After the Accident?
What you do in the minutes and hours after an accident can significantly affect the outcome of any subsequent legal or insurance claims.
- Prioritize Safety and Seek Medical Attention: Your health is the top priority. Check for injuries and call 911 if necessary. Even if you feel fine, it’s advisable to get a medical evaluation, since some injuries may not be immediately apparent.
- Contact Law Enforcement: A police report is a vital piece of evidence. It provides an official record of the accident, including the officer’s observations.
- Exchange Information: Obtain the other driver’s name, contact information, insurance details, and driver’s license number. Also, gather contact information from any witnesses.
- Document the Scene: Take pictures and videos of the accident scene, including vehicle damage, road conditions, traffic signals, and any visible injuries.
- Report the Accident to Your Insurance Company: Notify your insurer about the accident as soon as possible. Stick to the facts and avoid admitting fault.
How Do You Prove Fault for an Accident?
Most motor vehicle accident claims are based on the legal principle of negligence. To prove another party was negligent, you generally need to establish four elements:
- Duty of Care: The other driver had a legal obligation to operate their vehicle with reasonable care.
- Breach of Duty: The driver’s actions failed to meet that duty (e.g., speeding, distracted driving).
- Causation: The driver’s breach of duty directly caused the accident and your injuries.
- Damages: You suffered actual losses, such as medical bills, lost wages, property damage, and pain and suffering.
