How to Protect Yourself and Your Legal Rights After a Car Accident

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Car accidents happen every single day, and although we never expect it to happen to us, it unfortunately could happen at any time. 

So it’s important to know what you can do to protect yourself and your rights in a situation like that before it happens. 

It can be a minor fender bender or a very serious accident. Whatever the case, knowing what to do in the moment and afterwards heavily affects the outcome. 

First Steps Right After a Car Accident

The moments right after you’ve been in an accident are stressful and overwhelming. It’s important to stay calm and take action immediately

If you find yourself in that situation follow these steps:

  1. Check for Injuries:
    The first thing to do is check if you or anyone else is injured and then call 911. Even if there aren’t any noticeable serious injuries it’s safer to get the medical attention in case anyone has internal injuries.   

  2. Move to Safety:
    If it was just a minor accident and it’s safe enough to do so, move your vehicles to the side of the road to avoid blocking traffic or causing another accident. If the vehicles are too damaged to move, turn on your hazard lights and stay in a safe location.

  3. Call the Police:
    Even if the accident seems small, calling the police is always a good idea. They can create an official report, which might be helpful later if you need to make an insurance claim or take legal action because they will document all the needed information. 

  4. Exchange Information:
    Get the contact and insurance details from the other driver, including their name, phone number, license plate number, and insurance provider.

  5. Gather Evidence:
    Take photos of the accident scene, vehicle damage, and any visible injuries. If there are witnesses, get their contact information as well.

Understanding Liability and Insurance

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Car accidents often involve legal and insurance issues, which can be confusing. Here’s what you need to know:

Fault and Liability 

The person responsible for causing the accident is usually accountable for any damages. In some states, fault is determined based on negligence, while others follow a no-fault system where no matter who caused the accident, each person’s insurance covers their own damages.

Insurance Claims

After an accident, you’ll need to file a claim with your insurance company. If the other driver is at fault, you may also need to file a claim with their insurance.

Medical Bills and Car Repairs

If you were unfortunately injured, your medical bills might be covered by insurance, but this depends on your policy and who was at fault. Car repairs are usually covered under collision coverage or the other driver’s insurance.

When to Contact a Lawyer

A lawyer is not always necessary after a car accident, but in most situations, getting legal is the best way to make sure your rights are protected. So when would you need a lawyer?

  1. If you’ve been seriously injured. 
    Oftentimes serious injuries will mean you have to deal with hefty medical bills, perhaps long-term rehabilitation meaning you can’t work for a while, or even permanent disability. 

    A lawyer can help to make sure that you receive fair compensation for any medical bills or lost wages. 

  2. The insurance company refuses to pay for damages or medical bills. 
    Insurance companies sometimes don’t pay you the full amount you deserve, or they will just deny you claim completely. 

    A lawyer can negotiate with them and take legal action if necessary to get you the compensation you are owed.

  3. Multiple parties were involved in the accident and it’s unclear who is at fault. 
    When more than one driver or party is part of the accident, it can be hard to know who is responsible. 
    A lawyer can gather evidence, work with accident reconstruction experts, and represent you so that you aren’t unfairly blamed.

  4. The legal processes are complicated and you need help understanding them. 
    Filing a claim, negotiating settlements, and understanding legal terms can be overwhelming.

    A lawyer can guide you through the process, handle the paperwork, and represent you in court if needed. So you don’t have to stress about making sure you’re following the right legal steps.

In any of the situations just mentioned, a personal injury lawyer can help you properly understand your rights and take action if needed. 

How to Prevent Car Accidents

Sometimes an accident is just an accident, but a lot of the time it could have been avoided. You can reduce the risk by taking certain precautions when driving. 

Follow these rules when you are driving:

  • Avoid Distractions – Don’t text or use your phone while driving.
  • Follow Speed Limits – Speeding increases the chances of an accident.
  • Don’t Drive Under the Influence – Alcohol and drugs impair judgment and reaction time.
  • Stay Alert – Watch for other drivers, pedestrians, and changing road conditions.
  • Maintain Your Car – Regular maintenance ensures that your brakes, lights, and tires are in good condition.

Key Takeaways

Hopefully you never ever find yourself involved in a car accident, but in the case that it happens, it’s good to know what you can do to make an already stressful situation more manageable. 

Always prioritize your safety and the safety of others. Gather any necessary information that could be helpful in protecting yourself. And understand your legal rights. 

If it’s necessary, seek the advice of a legal expert and make sure that you are treated fairly.


author

Chris Bates



STEWARTVILLE

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