Moments after a collision are chaotic. The shock of an accident can completely cloud your judgment.
Recent statistics paint a concerning picture: According to the National Highway Traffic Safety Administration (NHTSA), there were an estimated 42,514 motor vehicle traffic fatalities on US roadways in 2022, representing a slight decrease (1.7%) from 2021.
While this is positive, it follows a worrying trend reversal after years of decline, highlighting the continued need for vigilance on the roads.
Earlier this week in Las Vegas, a woman lost her life after being hit by a car while crossing the street, and then struck again by another vehicle while lying on the ground. Another life was claimed in Redmond, Washington when a pedestrian was struck by a driver who then disappeared.
A similar hit-and-run accident in Colorado Springs resulted in another pedestrian fatality. The pain reached even grocery store aisles, as a 74-year-old cashier in Connecticut was killed by a speeding driver on her way to work. These cases are reminders of the imminent dangers on our roads.
This guide equips you with essential information on navigating the aftermath of a car accident in the United States, focusing on ensuring your well-being, protecting your legal interests, and navigating the insurance process in the current landscape.
Act Fast And Prioritize Safety At The Scene
In the immediate aftermath of a collision, your top priority is safeguarding yourself and everyone else involved. Safety First: Hazards on, car off the road (if you can safely do this), check for injuries. Dial 911 if anyone is seriously injured.
Once the scene is secure, assess the situation. If it appears to be a minor accident, exchanging information with the other driver(s) might be enough. However, it\’s always best to err on the side of caution and involve the authorities, especially if there are injuries, significant vehicle damage, or unclear fault.
Gather Information And Document The Scene While You Wait
While waiting for help, become an information detective. Get the full names of everyone involved. Also collect driver\’s license numbers, license plate numbers, and insurance details of all drivers in the accident. This information will be crucial later on.
Recent advancements in smartphone technology can be helpful here. According to TorHoerman Law, it\’s a good idea to capture lots of photos and videos as early as you can. Make sure you include all damages to vehicles involved, visible injuries, and the surrounding scene.
You should be using your phone\’s high-resolution camera capabilities. This visual evidence can be invaluable later. Capture skid marks on the road, traffic signals, weather conditions (especially if they played a role in the accident), and any debris that might be relevant.
Call Your Insurance
Get in touch with the insurance company to report the accident once the dust settles a bit. Have details like the date, time, location, and information about the other drivers involved ready for them. Cooperate with their investigation process, but avoid providing unnecessary details beyond what\’s required.
Seek Legal Counsel When Necessary
Not all accidents require legal help. If your injuries are significant or the situation is complex, a lawyer can be valuable. Let’s say you sustained significant injuries, extensive vehicle damage, or face disputes with the other driver\’s insurance company. Then, you would need the guidance of an experienced personal injury attorney.
Understanding Legalities
You may or may not be eligible to file a personal injury claim against the other party, depending on the situation and circumstances. Personal injury law varies by state, so it makes sense to pick an attorney who understands the regulations of the area.
For example, in states that follow a comparative negligence system, like Missouri, the amount of compensation you receive may be reduced based on your percentage of fault in the accident. An attorney can help you navigate these complexities and determine the best course of action based on the specific laws of your state.
An additional factor to consider is the statute of limitations, which is the deadline by which you must file a personal injury lawsuit. In Missouri, for instance, the statute of limitations for personal injury claims is generally five years from the date of the accident.
Don’t let this information overwhelm you. Rather, pick an attorney who understands the regulations of the area. For example, if you had a car accident in St. Louis or Atlanta, hiring a St. Louis car accident attorney or an Atlanta attorney respectively would be the right way to go.
An Analysis Of Recent Facts
An analysis of car crash deaths shows a worrying trend.
Thankfully, child fatalities have dipped by 4% over the past decade. However, this positive development is overshadowed by rising death rates across all other age groups. The increase varies, ranging from 2% for those 75 and over to a staggering 37% jump for 25-44-year-olds. These statistics highlight the critical need for improved road safety measures to protect people of all ages.
The state with the highest speed limits in the USA is Texas. Hawaii has the overall lowest speed limit.
FAQs
Should I Admit Fault At The Accident Scene?
No. Stay calm and avoid admitting fault, even if the situation seems clear. Focus on providing factual information to responding officers. Responding officers may misinterpret your words. Therefore, focus on factual details like what happened, not who caused it.
When Should I Consider Getting A Lawyer After A Car Accident?
Seeking legal counsel after a car accident might be wise if you face significant injuries requiring extensive medical treatment, substantial vehicle damage beyond basic repairs, or disagreements with the other driver\’s insurance company. An attorney will guide you with your legal options.
May I Use My Phone At The Scene Of An Accident?
While calling 911 or contacting emergency services is crucial, prioritize safety over extensive phone use. Stand in a safe location. Taking pictures or videos of the scene with your phone for documentation purposes can be helpful, but avoid making calls or sending texts that could distract you from the situation.
As you move forward, your focus must be on recovery. It can undoubtedly be a long and challenging process, and needs you to focus on both, your physical and emotional well-being. While these stories highlight the devastating impact of car accidents, there\’s hope for a safer future. By prioritizing responsible driving habits, pedestrian safety measures, and stricter enforcement, we can honor these victims by working towards a future where such tragedies become less common.
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