Your Serious Crash Case
For any crash, there are general procedures to follow: turn off
the engine, move out of traffic, file a report, and provide
insurance and contact information.
In a serious crash, no matter what transportation mode is involved,
injured victims and their families naturally focus on their physical,
emotional, or financial challenges. However, there are certain
procedures to follow and deadlines that will affect a potential claim.
At the time of the crash:
If you were able to get out of the vehicle and did not sustain
any major injuries, follow these procedures at the
time of the crash:
- Check for any injuries and get medical help as needed
for anyone involved.
- Report the crash to the appropriate law enforcement
body (Police, Coast Guard, Federal Aviation Administration,
etc.)
- Do not admit any fault or liability. Don't
even say, “I didn't see you coming.” Or “I
was looking the other way.”
- Take photographs if possible of the crash scene
including the damaged portions of the vehicle/s; any noticeable
injuries like bruises and wounds; and the surroundings and
other details that may serve as evidence in your future filing
of charges. Camera phones are a great device to have
at all times.
- Get medical attention immediately for proper documentation
of any possible injuries.
Two to four days from the crash:
- Consult attorneys with expertise in transportation
to properly assess of your case. The attorneys of Janet,
Jenner, & Suggs have over 30 years of nationwide experience
as well as the experts and resources to take a case from
discovery of evidence to a settlement or trial. The
bottom line is making sure the victim and family will have
current and future medical care and other needs provided
for as well as any other compensation the family should receive
for their disability or loss.
- Ask about deadlines. All states have statutes
of limitations or deadlines for reporting
and filing claims. An attorney will be able to advise
you and keep you from missing any key dates.
- Do not talk to the other parties or their insurance
companies regarding the crash or any injuries unless advised
by your attorney. What you say, even seemingly innocent details,
may be used against you. While you are recovering or
possibly even grieving, be assured that potential defendants
are already locating witnesses, working with insurance and
government investigators, and coordinating their defense
against any claims.
- Do not sign any papers other than the law enforcement
report without an attorney's advice.
- Take your vehicle out of the storage area if
at all possible, because valuable evidence may be destroyed
or lost. An attorney can help you with this.
- Have further medical examinations from experts such
as neurologists, orthopedic doctors and physical therapists.
Their findings may serve as vital evidence for injuries.
Unfortunately, chiropractors do not carry the same weight.
- Take note of all the things that happened in the
crash including its effects on life and property. This will
help build your case and give you more credibility with your
statements especially if the case goes to trial.
- Keep “all” the records and receipts relating
to the crash and give them to your attorney.
- Do not hide information and always tell the truth.
Violate these two rules and the defense attorneys will be
armed with a valuable weapon to attack the case and undermine
the true value of the injuries. Especially important
is to reveal any previous medical conditions to your attorney.