Right after a car accident, most people feel overwhelmed or unsure about what to do. Here’s some advice from a car accident attorney in Chicago, IL, about the steps to take immediately after a car accident. Think about it now so you’re prepared if it ever happens to you!
Ask a Car Accident Attorney in Chicago, IL: 10 Steps to Take Immediately After a Car Accident
Safety
Move Your Vehicle out of the Flow of Traffic
If your car is safe to drive, pull over to the side of the road or shoulder to prevent further accidents. If your car isn’t drivable, stay inside with your seatbelt on and wait for emergency services: you’re usually safer in the vehicle than standing outside it.
Leaving a disabled vehicle in the middle of the road poses a significant hazard to yourself and other drivers. If necessary, carefully exit your vehicle and move to a safe location away from traffic.
Check for Injuries
Look after yourself and any passengers to assess if there are injuries. If anyone is seriously hurt, call 911 immediately. Even if there are no immediate signs of major injury, it’s wise to seek medical attention as soon as possible, as some issues might only reveal themselves later. Remember that adrenaline can mask pain after an accident, so it’s important to get checked by a medical professional.
Turn on Your Hazard Lights
This makes your car more visible and alerts other drivers. If possible, set out reflective triangles or flares to further increase your visibility and caution other motorists. These additional visual cues are especially important in low-light conditions or if your vehicle is in a position where it may be difficult to see.
Call the Police
Even for seemingly minor accidents, it’s important to call the police to the scene. A police report officially documents the date, time, location, vehicles and people involved in the accident, and may include the officer’s initial determination of fault. This report could be critical evidence for insurance companies and attorneys when assessing liability and determining appropriate compensation.
Exchange Information with the Other Driver
Be cooperative, but remember that anything you say could potentially be used against you later. Limit your conversation to the exchange of basic information:
- Driver and passenger names
- Contact information (phone numbers and addresses)
- Insurance companies and policy numbers
- Vehicle license plate numbers
- Driver’s license numbers
Document the Scene
Gather as much evidence as possible. If you are able to safely do so, use your phone’s camera to document what happened. Photograph the damage by taking pictures of the damage to all vehicles involved in the accident from multiple angles. Capture the surroundings of the accident, getting photos of the scene, including traffic lights, road signs, skid marks, and any property damage that may have occurred. Finally, be sure you have a record of your injuries. If you have any visible injuries, take photographs or brief videos.
Talk to Witnesses
If there were any witnesses of what happened and you’re not too badly injured, take time to get names, contact info, and, if possible, a brief audio or video-recorded statement on your phone, giving a description of what they saw before and during the accident. Witness statements can be a key piece to supporting your version of events.
Do Not Admit Fault
When speaking to the other driver, the police, or anyone else at the scene, avoid admitting fault or apologizing. It’s tempting to say “I’m sorry” even when it’s not meant as an admission of guilt, but those words can be misconstrued later. Insurance companies might use this against you to reduce or deny your claim.
Notify Your Insurance Company
You are usually contractually obligated to notify your insurance company of an accident. Do this promptly, even if you don’t believe you were at fault and don’t plan on filing a claim. Provide basic facts: the date, time, location, and a brief description of the accident. You can also provide the other driver’s insurance information.
However, don’t give a recorded statement until you’ve spoken to an attorney, since recorded statements can be used selectively or out of context. It’s generally advisable to limit your communication with any insurance company (even your own) to basic facts.
Follow Up on Medical Needs
Getting medical attention after a car accident is vital for several reasons. First, it ensures that any injuries, even those that seem minor or don’t show up immediately like whiplash, receive prompt treatment. Additionally, seeking medical care generates detailed medical records that serve as crucial evidence for insurance claims and any potential legal action.
It’s very important, however, that you keep on with your medical treatment and follow your doctor’s orders. Failing to do so can call into question the severity of your injuries and their link to the accident.
Keep Detailed Records
Documentation is key to building a strong case, so keep records of everything regarding the accident, including medical bills and reports. Track all medical expenses related to your injuries. Also keep copies of any letters, emails, or other communication with both your insurer and the other driver’s insurer.
If your injuries prevent you from working, get documentation from your employer to verify any lost wages or income. It’s also a very good idea to start keeping a pain journal describing how your injuries are affecting you daily. This helps convey the impact the accident has on your quality of life.
Consult an Attorney
If you’ve been injured in a car accident, consulting with a car accident attorney as soon as possible is a smart move. A lawyer can provide significant assistance by explaining your legal rights and helping you walk through the claims process. Your attorney will also take over all communications with insurance companies so you don’t accidentally say anything that could damage your case. Finally, an attorney can evaluate the potential value of your claim and help you get compensation for your injuries, damages, and other losses.
Important Considerations
Comparative Fault
Illinois follows a rule called “modified comparative fault.” This means that even if you were partially at fault for the accident, you may still be able to recover compensation, though the amount will be reduced by your percentage of fault.
Illinois Statute of Limitations
In Illinois, the statute of limitations for filing a bodily injury lawsuit related to a car accident is generally two years from the date of the accident. There are some exceptions to this, but it’s best to speak with a lawyer quickly to ensure you’re working with the correct deadline.
When looking for a car accident attorney, experience and success rate are two key factors. You want an attorney with extensive experience in handling car accident cases, particularly in the Chicago area, as well as a proven history of obtaining significant settlements and verdicts for their clients. As you talk with different attorneys, choose an attorney with whom you feel comfortable and who communicates clearly and effectively.
Car accidents can disrupt your life in many ways, but you don’t have to go through it alone. If you’ve been injured in a car accident in Chicago, contact the experienced legal team at Cullotta Bravo Law Group today for a free consultation.