Being in a car accident can be a traumatic experience. Even if your injuries aren’t serious, you might feel both physically and emotionally shaken up after a crash. In this situation, it can be hard to know what to do.
There are certain important steps that you should take after an accident to protect your legal rights. This includes reporting the accident to law enforcement, exchanging contact information, gathering evidence, and seeking medical attention. When you are able to do so, you should then schedule a free initial consultation with one of our Vero Beach car accident lawyers.
At Gould Cooksey Fennell, we are fierce advocates for clients who have been hurt in all types of accidents, from slips and falls to truck accidents to bike crashes. We handle all cases on a contingency fee basis, which means that you won’t ever pay a fee unless we recover money for you. Contact our law offices today to schedule an appointment with a Vero Beach personal injury attorney.
What You Should Do After a Car Accident
When you get behind the wheel of your car, you don’t expect to be involved in a wreck. That can make it all the harder to know what to do if you are involved in an accident. Below, we outline the key steps that you should take to protect yourself and your rights after a Vero Beach car accident.
Stay on the Scene
In Florida, you are required to exchange information with others involved in a motor vehicle accident. If you leave the scene before doing so, then you could risk being charged with a criminal offense (such as hit-and-run) or a traffic infraction. If law enforcement arrives at the scene, then do not leave until the police give you permission to do so.
Of course, this rule doesn’t apply if your injuries are so serious that you require emergency medical attention. But if you can physically remain on the scene, you should do so to exchange information, collect evidence, and more.
Check for Injuries
Next, you should figure out if anyone was injured. Start with yourself and any passengers in your vehicle. If it is safe to do so, you should then check on other drivers and passengers. If you discover that anyone is hurt, call 911.
Keep in mind that shock can often hide the symptoms of injuries, so they might not be immediately obvious. You might also not know that your injuries are serious because of the adrenaline racing through your body. When in doubt, always call 911 – better safe than sorry.
Call the Police
Under Florida law, the driver of a vehicle involved in a crash is required to call law enforcement if the accident caused:
- The death of another person;
- Injury to another person; and/orÂ
- At least $500 in property damage
Given this low threshold for property damage and the relatively high cost of repairing a motor vehicle, chances are good that you will be required to call the police to report your accident. When the police arrive on the scene, they will investigate and write a report.Â
Move Your Vehicles Off the Road
If you can, try to move your vehicles over to the shoulder and away from traffic. This may not be possible if you are seriously injured and/or your car is heavily damaged. However, moving your cars out of the way can make it easier for first responders to get to the crash site and will help to avoid traffic jams.
Exchange Insurance and Contact Information
As noted above, you are required to exchange contact and insurance information with other drivers involved in the accident. Be sure to also get their driver’s license number and license plate number. Ideally, you should take a picture of the other driver’s insurance card and other pertinent information so you don’t run the risk of writing it down incorrectly.
If there are any witnesses, you should also get their names and contact information. They may prove to be key in any claim that you may eventually bring.
Gather Evidence
While you are still at the accident scene, do your best to gather evidence. Take photos and videos of everything, including the vehicles involved in the accident, any skid marks, traffic signals, and the road conditions where the accident happened. You should also look around to see if there are any cameras nearby and make a note of their location.
Be Careful about What You Say
It is only natural to want to try to make things better after something scary like a car accident happens. While it may be tempting, do not apologize or admit fault to the other driver, any passengers, or law enforcement officers. Even if you think you were responsible, your perception might not be correct.
Remember that the things that you say can be used against you. Try to stick to just the facts to avoid compromising your case.
Seek Medical Attention
Florida is a no-fault insurance state, which means that your initial medical expenses will be paid by your own insurance company. To be covered, you must seek medical treatment within 14 days of the accident. For this reason, you should see a doctor as soon as possible after a crash.
Getting immediate medical care is important for other reasons. It’ll help to make sure that you get the right diagnosis so that you can start on treatment. These medical records and bills will create a link between the accident and your injuries, which can be key if the insurance company tries to argue that your injuries were pre-existing.
Make Notes about What Happened
When you have time, try to write down exactly what happened. You should include the time, date, and location of the accident, the direction you were driving, what you were doing at the moment of impact, and what you believe the other driver did. You might forget some of these details over time, so these notes can be important evidence for your lawyer.
Notify Your Car Insurance Company
Your car insurance policy contains a clause that requires you to promptly notify the insurance company of any accident that could trigger coverage. For this reason, you should let your insurer know about the crash as soon as possible. If you don’t, it could jeopardize your coverage for this incident. As the case proceeds, be sure to cooperate with your insurance company with the help of your Vero Beach personal injury attorney.
File a Report with Florida Highway Safety and Motor Vehicles
If your traffic accident caused an injury, death, or at least $500 in property damage, then you should have called law enforcement to report it. Depending on the severity of the accident, the responding officer may file an accident report with Florida Highway Safety and Motor Vehicles (FLHSMV).
However, if your crash wasn’t severe enough to require you to call 911 or for law enforcement to file a report, you are still required to file a crash report with FLHSMV. You can complete a Driver report of Traffic Crash (Self Report) or Driver Exchange of Information online, or print it out and mail it to FLHSMV.
Keep Careful Records
If you have to get medical treatment or vehicle repairs, or if you miss work because of your injuries, make sure that you keep records of everything. You can also keep a daily diary where you keep notes on your injuries, your level of pain, and how your daily life is affected. You can also write down notes on anyone you talked to about the accident and what they said. This information can be used to support your claim for compensation in a personal injury claim.
Talk to a Vero Beach Car Accident Attorney
If your accident involved a serious injury, then you won’t be limited to your own personal injury protection (PIP) coverage. You may be able to file a personal injury lawsuit against the at-fault driver. The best way to protect your right to do so is by scheduling a free consultation with a Vero Beach car accident lawyer as soon as possible.
During this appointment, your attorney will listen to your story and offer you advice on your legal rights and options. They will also give you a rough estimate of the value of your claim. Even if you don’t end up hiring the law firm, this information can be valuable in helping you decide how to proceed.
Of course, there are plenty of good reasons to have legal representation for a car accident claim. The other driver will be represented by their insurance company, a massive corporation with teams of adjusters and lawyers. The insurance company has one goal in mind: to resolve your claim for as little money as possible.
Even if the insurance adjuster seems nice, it is always important to remember that they don’t have your best interests at heart. They often use different tricks to get car accident victims to say or do something that will impact their claim, like admit that they did something wrong or sign an overly broad release for their medical records. Your attorney will protect you against unscrupulous tactics like these so that you can get full compensation for your injuries.
Studies show that people who are represented by counsel recover significantly more money compared to people who represent themselves in car accident cases. If you want to get top dollar for your claim, then you should always have a lawyer by your side. Our law firm will fight to get you justice for your injuries.
Contact Our Law Firm for a Free Consultation in Vero Beach, Florida
Few people know exactly what to do after a car accident, because no one expects to be involved in a crash. If you are confused and uncertain about your rights after an auto accident, your best option is to talk to a lawyer as soon as possible. Our team of experienced personal injury lawyers will fight to get you the compensation that you deserve.
Based in Vero Beach, Gould Cooksey Fennell represents clients in Florida’s Treasure Coast who have been hurt in all types of accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Vero Beach car accident lawyer, give us a call at 772-231-1100 or fill out our online contact form.