Although a collision can happen in the blink of an eye, the physical, emotional, and financial consequences may be felt for months, even years, after the crash. While your physical well-being should always be your number one immediate concern following a car accident, it is imperative to remember that the actions you take, or fail to take, while at the scene can have a significant impact on your financial recovery. As attorney Ryan Reed explains on a recent episode of Lawyer Podcast, thoroughly documenting the accident scene is one of the most important steps you can take after a collision. Properly documenting the scene of a crash can help establish liability and support your claim for damages while failing to do so can significantly undermine an otherwise valid claim.
Why Is Documentation So Important After a Car Crash?
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Florida is a “no-fault” state, meaning that if you are involved in a relatively minor car accident, your own car insurance covers your medical bills and lost wages up to the $10,000 limit, regardless of who caused the collision. If you are seriously injured, however, you are entitled to pursue compensation for your injuries through a traditional personal injury lawsuit. In that case, you must prove that another party’s negligence caused or contributed to the crash.
While gathering evidence that proves negligence on the part of the other driver may not be the first thing on your mind after a crash, you can count on the other driver’s insurance company getting to work immediately to try and avoid or diminish their financial exposure. Ultimately, your failure to document the scene of the crash could cause unnecessary delays or even a denial of your claim.
Steps to Take Immediately after a Car Crash
Your first priority after a car accident should always be safety. When possible, move away from the scene of the crash to prevent secondary collisions and call 911 to report the crash. Not only does Florida law require you to report a crash that results in injury or property damages of more than $500, but the report itself may serve as documentary evidence in your injury claim. If your injuries do not warrant transport to a hospital from the scene via ambulance, make sure to take yourself as soon as possible and have a thorough medical evaluation conducted to check for hidden injuries.
How Do I Document the Scene of a Crash?
If your injuries allow you to document the scene following a collision, it is in your best interest to do so immediately to preserve crucial evidence.
Your cell phone or tablet can be invaluable at the scene of a crash because it allows you to document the scene seconds after the collision. Take photos and/or video of all involved vehicles from various angles and be sure to include damage, license plates, and a wide angle that shows the position of all vehicles before they are moved. In addition, capture the roadway conditions, including traffic signs, construction work, skid marks, and debris along the roadway. Be sure to also photograph any landscaping or other obstacles that might have played a role in the crash as well as evidence of weather conditions, such as standing water or ice. Finally, you should get pictures or video of any visible injuries that are apparent at the scene.
Along the same lines, dashcam footage can be some of the most compelling evidence available after a car accident because it may capture the collision itself, the actions of the drivers involved, traffic conditions, road hazards, and even the moments leading to the crash. In many cases, this video can help establish liability and refute inaccurate statements made by other parties. Dashcams often overwrite older recordings automatically, making it important to preserve the footage immediately after an accident. It is even more urgent that you save the video to a separate device and/or upload a backup copy to cloud storage right away if your vehicle requires towing from the scene.
Documenting the people at the scene of the accident is equally important. Exchange information with the other driver(s), including names, addresses, and telephone numbers as well as vehicle registration and insurance information. When applicable, also get contact information for passengers in the other vehicle(s) and witnesses who saw the crash.
Lastly, take the time to write down everything you can remember about the crash once you are safely removed from the scene. Because memories often fade over time, it is advisable to write down your recollection of the accident as soon as possible. Detailed notes made shortly after the crash can help preserve important facts and make it easier to accurately recall events later if you are asked to provide a statement, answer questions during the claims process, or testify in court.
What Should I Not Do at the Scene of a Crash?
While properly documenting the scene of a crash is important to your future financial recovery, avoiding conduct that could undermine your claim is equally important.
One of the most common mistakes people make while at the scene of a car accident is to admit fault or apologize, even when they are not responsible for the collision. Saying “I am so sorry” or “I don’t know how I didn’t see you” may seem polite or harmless, but they can (and likely will) be interpreted as admissions of fault that can weaken your claim down the road. To protect your claim, avoid these statements and simply focus on everyone’s safety.
In a similar vein, people often make statements that minimize injuries following a collision. They say things such as “I’m fine” or “I’m not hurt” because the adrenaline is flowing, and they are thankful that the crash wasn’t worse. After a crash, you might even believe you suffered no injuries, only to find out after a medical examination that you have a serious traumatic brain injury or serious internal organ damage. Because injuries often do not produce physical symptoms for hours, even days, after a crash, it is crucial to avoid saying anything at the scene that could be used later by an insurance adjuster to challenge your injury claim.
If you were involved in a car crash or know someone who might need professional legal advice to recover damages through a suit, call 813-438-5960 – Reed & Reed Attorneys consultation is Free of Cost. Or visit our office in Brandon, Florida.
Reed & Reed Law PLLC