Monday, September 10, 2018

What to Do After a Car Accident Injury

If you’ve ever been in a car accident, you likely know the basic procedure – get to safety, take photos, exchange insurance information, and get a police report. (You can see a more detailed procedure here.) However, what if you’ve been injured? Car accident injuries, while some may seem inconsequential at first, can be a very serious concern. Let’s look at some common car accident injuries and what you should do if you have been injured.

Common Car Accident Injuries

Neck Injuries

Perhaps one of the most common types of car injuries that comes to mind is whiplash. It’s often seen in rear-end collisions and happens because the neck moves back and forth quickly and forcefully. While the symptoms of whiplash and other neck injuries may only last a few weeks, they should still be assessed by a healthcare physician.

Head Injuries

Another frequent and potentially serious type of car accident injury is a head injury. Especially common in high-speed collisions, head injuries occur when your head strikes against windows, dashboards, or the steering wheel. You should always seek medical attention if you have experienced a head injury. Even if you just experience a headache after a car accident, it could be a sign of a concussion or a traumatic brain injury.

Back Injuries

Car collisions can also cause back injuries. Back injuries include anything from mild muscle tension to herniated disks to extensive nerve damage. If you experience back pain or numbness in your body, you may have a severe back injury and should get it checked out by a doctor right away. Back injuries can not only affect your mobility and prevent you from working, but they take time to recover from and can be very costly to treat.

When to See a Doctor

Most people won’t hesitate to call 911 if they have obvious external injuries after a car accident. However, some injuries may be internal or their symptoms may be delayed. It’s possible to sustain an injury and not even realize it at the time of the accident. Later though, you may experience things like headaches, stomach pain, back pain, or even emotional distress. These symptoms could be a sign of something more serious.

If you wait a long time to address medical symptoms after a car accident, the underlying injury could get worse. In addition, if a lot of time passes between the crash and when you go to the doctor, it will be harder to prove that the injury was due to the accident. Insurance companies may challenge the claim and say that something else caused the injury. Therefore, it’s imperative that you seek immediate medical attention after an accident.

Document Everything

If you did get injured in a car accident, make sure to keep track of anything related to the accident and your medical treatment. To ensure that you have a strong insurance claim, hold onto the following items:

  1. Medical bills. Gather all of your medical statements, prescriptions, receipts for medical equipment (such as, crutches and canes) and anything else you’ve had to buy for your injury.
  2. Correspondence regarding the accident. File any emails, notes from phone calls, and written letters you’ve received from medical professionals while undergoing treatment for your injury.
  3. Travel expenses. You may have to travel long distances for your doctor’s appointments. Make sure to keep track of the mileage, parking fees, and hotel costs.
  4. Photos of the accident. Save all the photos you’ve taken of the accident in a safe place that can be easily accessed and shared with lawyers or insurance representatives.
  5. Proof of financial loss. If you haven’t been able to work while injured, document the wages lost.

In addition to these documents, keeping a detailed daily journal that describes the accident, your injuries, and how it impacts your daily life can help bolster your case.

Should I Get a Lawyer?

It’s a good idea to consult a personal injury lawyer if you’ve been injured in a car accident. Trying to get compensation for damages and medical bills can be challenging and stressful if you try to go it alone. That’s why the personal injury attorneys at Robichaud, Schroepfer & Correia, P.A. are dedicated to understanding the unique circumstances of your case. We’ll guide you through every step of the legal process to ensure that you receive the maximum benefit you are entitled to. Contact us today by filling out the form below or calling 855-541-3016.

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from Robichaud, Schroepfer & Correia, P.A. http://www.robichaudlaw.com/news-resources/what-to-do-after-a-car-accident-injury/

Steps to Take After a Car Accident

If you’ve ever been in a car accident, you know how disconcerting it can be. So much happens in just seconds that it can be hard to comprehend what just took place, let alone know how you should proceed to ensure everyone’s safety.

We’ve compiled a list of things you can do immediately following a car accident to avoid further injury and prevent insurance issues.

Preventative Measures

Even though you’re not planning to get into a car accident, you still get car insurance in case it does happen. In the same way, preparing an emergency kit for your car can give you the resources you need if it does happen. So, what should you put in an emergency kit? Here are a few essential items to keep in your vehicle:

  • Important documents like car insurance information, health insurance information, and vehicle registration
  • First aid kit
  • Road flares and a flashlight
  • Jumper cables
  • Bottled water
  • A multipurpose tool to fix basic car troubles

Make sure to put these items in a clear container so that you can easily see where everything is. Also, secure the container so that is doesn’t open or fly around while you’re driving. These are just a few of the items to keep with you. You can find a more detailed list here.

Another preventative measure you can take is to keep a post-accident checklist on hand. Since the moments after a car accident are chaotic, a list of the steps you should take after an accident can be a great reference. You can include the following 9 steps on your checklist.

Ensure Safety

  1. Take deep breaths and try to calm down. This is much easier said than done. But, if you can calm yourself down, you will be better able to take charge of the situation. Remaining calm could be imperative if you’re in dangerous surroundings or if there are other people involved in the accident.
  2. Move to safety if necessary. If the vehicles are causing traffic problems, you may need to move them. Remember to take pictures of the vehicles and their placement before you move them (if it is safe to do so). This could be beneficial when determining who was at fault. If you can leave your vehicle where it is, turn on your hazard lights. You may want to use the road flares from your emergency kit to warn other drivers.
  3. Stop the vehicle and get out. Turn off the vehicle and make sure all individuals get out of the car if they’re physically able. Ensure that everyone is in a safe location away from traffic.
  4. Check for injuries and call 911 if necessary. Even if there aren’t any apparent injuries, consider the possibility that someone may have internal injuries. It’s always better to be safe than sorry when it comes to personal safety.
  5. Call the police. You may want to call the police if the parties involved in the accident are not cooperating or if they are arguing. It’s also a good idea to call the police because they can create an accident report that you can use for your insurance.

Remember: When speaking to a police officer, never claim fault or blame someone else for the accident. You want their report to be as objective as possible. And when asked about any personal injuries, never say that you’re alright. You may have unknown internal injuries.

Document the Accident

Take photos of everything. Use your phone to take pictures of:

  • Damage to the vehicles
  • Any injuries that occurred
  • The location where the accident happened (street signs, intersection, etc.)
  • Road conditions

Collect information. Use your phone or a pen and paper to record information like:

  • The name(s) and contact information of all of the involved parties
  • The name(s) and contact information of any witnesses
  • The driver’s insurance information, license plate number, and driver’s license number (if they let you)
  • The name and badge number of the police officer
  • Write down everything that happened right away. It’s a good idea to draw a diagram of the scene of the accident that includes where each vehicle was coming from. You can also keep a diary of what happened. The longer you wait to document the accident, the more you will forget. It’s best to record everything as soon as possible. Also, if you have any injuries, keep track of how you feel each day. This may come in handy for insurance purposes.
  • Contact your insurance and file a claim. Let your insurance company know about the accident and provide them with the police report.

Were You Injured?

Hopefully, these tips will help keep you and anyone else involved in the accident safe. You also want to fix the damages quickly and get the care you need. You can do this by being careful with what you say and thoroughly documenting the accident to prevent issues with your insurance company.

If you were injured in an accident due to the negligence of another person, you might have a personal injury case. It would be a good idea to consult with a personal injury lawyer right away. At Robichaud, Schroepfer & Correia, P.A., our experienced personal injury attorneys are here to help. We listen to your concerns and help assess your situation to see if you have a case. Contact us today by filling out the form below.

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from Robichaud, Schroepfer & Correia, P.A. http://www.robichaudlaw.com/news-resources/steps-to-take-after-a-car-accident/

Who Is at Fault in a Car Accident?

When you get in a car accident, you’re worried about your family, your car, and whether anyone was hurt. The last thing you want to think about is who is at fault. But one of the most pressing concerns for the police and your insurance is who is at fault in this car accident? If they decide that you were at fault, you may need to pay an increased insurance rate or even pay for damages by yourself.

States have varying laws when it comes to car accidents which makes it hard to know if you’re at fault in the accident. This article will help you find out if you’re at fault and how to protect yourself if you’re not.

What Are Your State’s Laws?

Why is it so important to understand your state’s laws? Some laws define what type of negligence determines fault, and others outline how much fault you need to have to pay for damages. To help you understand your circumstance we’ll briefly discuss the basics of these laws.

No-Fault States vs. Fault-States

The majority of states are fault-states or tort states. In these states, the person who is deemed at fault will usually have to pay for damages through their insurer. These damages may include property damage, repairs to the cars involved, medical expenses, and other losses.

On the other hand, states that have no-fault insurance laws require that each person’s insurance pay for their medical costs. People in those states may need personal injury protection (PIP). Personal injury protection is a type of insurance that pays for your medical expenses no matter who’s at fault in the car accident. No-fault states do require that the at-fault party pay for property damages.

Types of Negligence

States may use comparative negligence to determine whose insurance pays. With comparative negligence, people are responsible for whatever percent of fault they are estimated to have. For example, if you’re found to be 30% at fault in a car accident, and the other party is found to be 70% at fault, you may be able to get 70% of the damages from their insurance. Of course, this depends on the state’s laws regarding compensation.

Other states may use a modified form of comparative negligence. This form of negligence may limit your ability to file for damages depending on your level of fault. For instance, some states may only allow you to ask for compensation if you’re less than 40% responsible for an accident.

Still, other states may use a pure contributory negligence method of finding fault. Pure contributory negligence calls for no fault at all on the part of a party before they can ask for compensation. Under this method, any percent of responsibly is too much.

Use Police Reports

Police will often come to the scene of an accident and document what they find, especially if someone has been hurt. You can ask the police at the scene how to obtain a copy of the report, or you can go to the police station and ask. A police report is useful for legal matters as it’s an official, unbiased document.

What if the police do not show up at the scene of your accident? You can inform them of the details, and they may compile a report based on your statements, the other party’s statement, and their investigation. If you gather any evidence at the scene, such as pictures of the road conditions and car damages, they may include that in the report as well.

How to Protect Yourself from Fault

The first thing you should do after a car accident is make sure no one was hurt. You should then gather evidence about what happened. You can do this by taking pictures of the road conditions, the damages, and getting statements from witnesses of the accident. This evidence can be used by the police and your insurance to determine the facts of the case.

You should also avoid admitting fault at the scene of the car accident. The insurance company and possibly police will decide who’s at fault in the accident and they may uncover things you didn’t know. If you admit fault without knowing all the circumstances, you may be taking responsibility for something that wasn’t your fault. Even if you are at fault, you should let your insurance company and the police decide that, and have your insurance deal with it.

What to Do If You Are Injured

If you have been injured in a car accident, you may have substantial medical bills to pay and need to take time off work. If you need help paying for your medical expenses and the other party’s insurance won’t cover it, a personal injury attorney can help you get the compensation you need.

Robichaud, Schroepfer & Correia, P.A. has multiple personal injury lawyers that have experience with many personal injury scenarios. Contact us today for a free consultation.

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from Robichaud, Schroepfer & Correia, P.A. http://www.robichaudlaw.com/news-resources/who-is-at-fault-in-a-car-accident/