Everyone thinks that they drive well and that car accidents are something that happens to other people. If you were to guess how many motor vehicle accidents there are in the United States every year you would likely underestimate the number.
Don’t feel bad if you have never thought about it, because truthfully not many people do. According to statistical data provided by Forbes Magazine, you can anticipate having a motor vehicle accident once every 17.9 years. The statistics provide both good news and bad news. First, that motor vehicle accidents are infrequent for most Americans; that’s good news. But the bad news is that given the infrequency of car accidents, few people are really prepared to deal with one.
Get Into an Argument
A car accident is by no means the definition of a "good day" for anyone. But how you conduct yourself at the scene of the accident can have a dramatic impact on your investigation and documentation.
First, you have no clue about the emotional or physical state of the other driver. Getting into an argument can place you in physical danger, if the other driver is equally angry. Second, getting emotionally riled when you may be injured, and when you need to stay alert and organized is not a good plan. Stay calm, breathe deeply and get the information you need to document the details of your accident for legal and insurance purposes.
If you are preoccupied with expressing your anger after a car accident, you are going to make mistakes that will cost you time and money.
Leave the Scene of an Accident
You don’t have to be a "bad guy" to be charged with leaving the scene of an accident. It is important to remain at the scene immediately following an accident and to contact the authorities for a number of reasons. While each accident and situation is different, and whether personal injury is a factor in the accident or not, leaving the scene can get you into trouble.
When you leave the scene of the accident the following things can happen:
- You can be charged with a misdemeanor hit-and run. This is a charge that will be laid against the driver who leaves the scene of an accident, even if no one was injured as a result of the accident. Many people think that a "hit and run" only involves personal injury, or vehicle vs. pedestrian circumstances. The charge usually involves a fine of more than $1,000 in most states and can include jail time of up to one year, depending on the case and the driver’s previous record or traffic infractions.
- You can be charged with a felony hit-and run. If you leave the scene of a motor vehicle accident and anyone has been injured in the accident, you will face very severe legal consequences. While the penalties vary by state, they almost always include prison time coupled with a fine of $10,000 and can include driving suspension and impoundment of the vehicle. You can be charged with a felony hit-and-run if your own passenger was injured (not the other driver) as well, which is a technicality that few people consider. Your passenger is considered a victim of your accident, if you are behind the wheel and accountable for their injury.
- An arrest warrant can be issued for the driver. Whether you are at home or at work, or on vacation you can trust that the authorities will find you. Arrest warrants are not issued for witnesses to the accident (who depart) or passengers of your vehicle, as long as they are not driving the vehicle when it left the scene of the accident.
Neglect to Contact the Authorities
Are you at fault for the accident or was the other driver? Were there certain conditions that contributed to the accident, such as rain or an icy road?
In order to appropriately document the accident for legal purposes, a police officer should be called to witness injuries and help document the damage and the cause of the accident. In the event of reckless driving or other traffic infractions, one driver will be charged with "at fault" if the officer can determine (to the best of his or her ability) what happened. Often the officer will question witnesses to the accident including other passengers and even bystanders and pedestrians to get a clear picture to help him/her to determine fault.
Without a police officer there to legally document the accident, you are open to more risk and liability. The other driver may be at fault, and be dishonest in their reporting of the accident to their own insurer. When it becomes a matter of hearsay (your opinion versus the other driver) insurance claims can become complicated and difficult. You may even end up at fault for an accident that was not your fault at all, which will impact your personal liability and increase your car insurance costs.
Hiring a reputed lawyer can be helpful in getting you your rightful dues. Don’t know one? No problem. Simply use the Internet to search for an attorney in your state as he/she would be proficient with the laws that will apply in your case. So, if you’re a resident of Chicago, for example, searching online for car accident attorney Chicago can throw up some pertinent results.
Assume You Are "Fine"
After a motor vehicle accident, most people are in a state of mild to moderate emotional shock, depending on the severity of the accident and injuries. Some individuals have sustained significant back and neck injury without realizing the full impact of the damage (and discomfort) for days after an accident. Waiting too long to seek medical attention can both exacerbate your injury and complicate a personal injury claim.
The only individual who should assess your physical condition is a doctor, but you would be surprised to learn that few people consider visiting a hospital to be a priority immediately following a car accident. It is important for legal purposes (and your own health and well-being) to see a doctor within 72-hours of your motor vehicle accident for investigation and documentation of pain, discomfort and injuries. Consult with an injury attorney to discuss your case before signing any waivers or documentation from your insurer.
In Chicago, more than 800 motor vehicle accidents are reported every single day. Create an action plan that you can stick inside your glove box with your ownership and insurance documentation to help you "keep it together" and to take the right steps after your motor vehicle accident.
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