When Car Accidents Happen

In the first moments after a car crash a lot of very important evidence can be lost to the ages unless you have the presence of mind to collect yourself and then protect yourself. Whether you are trying to protect your right to bring a lawsuit for injuries or protect yourself from a lawsuit it might not be a bad idea to put a copy of this article in your glove box near your registration and insurance card so that you will remember what to do in case you are involved in an accident.
First, you should get the names, addresses and phone numbers of all people involved. This includes drivers, passengers and especially any eye witnesses. Make sure you get the other driver’s insurance information, including their insurance carrier and policy number. Write all this information down and don’t lose it. Call your insurance company and let them know about the wreck. If the other driver accepts fault at the scene, make sure you document exactly what they said. Watch the other drivers to make sure that they do not hide or destroy evidence. If they start tossing beer cans into the ditch make sure you watch where they go so that you can direct the investigating officer to this evidence. If you talk to the other driver notice if they seem intoxicated or smell of alcohol and make sure to document that and advise the investigating police officer.
Next, make a mental note about the scene. Generally locate the vehicles in the roadway with respect to any landmarks, which will remain after the scene has been cleared. Look for things like crosswalks, intersections, drains, trees, fire hydrants, anything that will allow you to go back and recreate the scene if necessary. If you have a cell phone, take some pictures. Photograph where the vehicles came to rest, photograph the traffic control devices at the scene, locate any skid marks for any of the vehicles, photograph leaking auto fluids, or parts of vehicles laying in the road. Take wide view photos of the crash scene from all angles. Don’t touch any evidence until the crash investigation has been completed.
If the crash was the result of some equipment failure, make sure you keep that evidence. If the tire tread came off the tire make sure that when the accident investigation has concluded that you preserve the tire, tread and rim. If brakes failed because of a defective master cylinder, make sure that when the car is repaired that the mechanic saves the defective part. Keep his name and phone number and be sure to ask him to mark the evidence in some unique way so that he can identify the part later. For serious accidents make sure you save the black box data. Most cars have the black boxes these days, and they can provide a lot of valuable information about what was happening with the car right before the wreck.
If your car was a total loss, and the injuries were serious, make sure you buy the car at salvage and store it in a safe place. Do not let the insurance company buy the car and send it to a junkyard for crushing. The car is an important piece of evidence. Crash reconstruction experts will want to look at the car to observe the damage.
Most law enforcement cruisers are now equipped with video cameras. Ask the officer to make sure he is videotaping the scene. Shortly after the wreck make sure you call the investigating officer and ask for copies of any tapes of the 911 call, police radio traffic and any videotapes of the scene. They will make you copies.
If criminal charges result from the crash, make sure you document who was cited and what ultimately happened to the case. Did the other driver plead guilty to a traffic violation?
Keep track of all medical expenses, the names of all health care providers who treated you and document any wage loss. Keep track of work days missed.
Finally, make sure you call a competent lawyer to help you gather the evidence. The insurance company will usually have several people dispatched to the accident scene to take statements and collect evidence within minutes of a serious crash. Within an hour of a wreck, you are already behind the curve if you are not thinking. If you wait 6 months to call a lawyer your case may never recover. Accidents are like all other bad things; they don’t get better with age.