What to do when you've been injured in an Automobile Accident
Here's what to do if you have been involved in an auto accident:
- Call 911 and get Police and aid there immediately. Even if you think you are not injured. Don't try to be your own doctor and "assume" you are ok. Get aid there and report ANY and ALL pain. You cannot know at this early stage if you have been damaged and you should hope for the best but assume the worst.
- See a medical doctor as soon as possible. Insurance companies like to point out that you "didn't see a doctor, so how much injury could you have really suffered". See a medical doctor as soon as possible and get checked out regularly. Insurance companies like to point out "Gaps in treatment" that they will claim are evidence you "aren't really injured". Don't let them get away with this. See a medical doctor immediately and continuously follow up with ALL recommended treatments. Do not gamble with your health, err on the side of continuing treatment. We will help you get your medical bills paid, so don't let cost stop you.
- Take pictures as soon as possible. Cell phone cameras make it easy to take pictures right at the scene. If you're injured, have a friend take pictures or ask a witness to. If you have the opportunity to have pictures taken of your injuries, do so while they are still fresh. Insurance companies like to point out that you "look fine" now. Show them what it looked like at the time!
In order to be entitled to damages in an automobile accident, an injured party must prove that the other party's behavior fell short of how a reasonable person would have acted. The law imposes a “duty of reasonable care” on drivers and requires them to be careful and aware of those around them while driving. This duty extends to other drivers, pedestrians, and even passengers in the same car. Drivers are required to:
- Avoid texting, reading, or using a cell phone while driving. These are some of the most dangerous and common behaviors leading to accidents;
- Drive at a reasonable speed. Especially when visibility is low, there are hazards in the road, or there is dangerous weather;
- Be Careful and Aware. Not keeping a proper lookout when driving by a road construction site or a school crossing can constitute negligence;
- Maintain control of the car. Be able to stop or swerve quickly to avoid accidents or hazards in the road and avoid following too closely; and
- Maintain the car's equipment. All aspects of the car should work property.
If it is proven that the Defendant violated the duty of reasonable care, you must then also prove that:
- The defendant was the source of your injuries;
- You injured and suffered actual losses that the law recognizes
If you are an injured party, it is important to remember never to admit fault at the scene of the accident, or at any time afterwards. Anything you say to police or others at the scene may be used against you to disallow or diminish your claim.
Our staff of skilled automobile accident attorneys knows how to get the most value out of your case so that you can recover the highest recovery the law allows. As with all personal injury cases, it’s important that you act quickly before time limits run out and your claims are forever barred. Call Perez & Perez Law, PLLC today for a free consultation.