Legal Steps to Take Immediately After a Car Accident

Do you know what to do after a car accident? In the moments after an accident happens, emotions can run high. It’s easy to overlook details or make snap decisions that could impact your legal options later. In Arizona, following specific steps at the accident scene and in the days afterward can protect your well-being and ability to pursue compensation. Here’s what you should do.

Ensure Safety and Call for Help

Safety should always come first after an accident, so you should check yourself and others for injuries as soon as possible. If anyone requires immediate medical assistance, call 911 right away. Once you assess everyone’s condition, move yourself and your vehicle to a safe location if possible. Ideally, you should relocate away from traffic to avoid further danger. Turn on hazard lights to alert other drivers.

Once you’re in a safe location, call for help. Calling the police is a good idea, even for relatively minor accidents. Police officers can secure the accident scene, redirect traffic, and summon emergency responders as necessary. They can also prepare an official report, which insurance companies usually require you to provide when you file an accident claim.

Gather Evidence at the Scene if Possible

Before police arrive to prepare an accident report, you may be able to begin collecting valuable evidence at the crash scene. Collecting evidence at the scene can strengthen your case if you pursue an insurance claim or lawsuit. Exchange information with the other driver. Collect the following information:

  • The other driver’s name
  • The driver’s contact information, including phone number and address
  • The other driver’s insurance company name and policy number
  • A description of the other vehicle and vehicle details
  • The vehicle identification number, tag number, and license plate number
  • The other driver’s license number

Use your cellphone camera to take pictures of the crash scene, including images of all vehicles involved in the crash, vehicle damage, skid marks, road conditions, and any traffic signs. Capture the entire scene to show context, and make sure you take close-ups of any specific damage or visible injuries. If any witnesses are present, request their names and contact details in case you need their statements for your claim.

If you are physically unable to gather evidence, ask someone you trust, like a friend, family member, or personal injury lawyer, to help. You can also rely on police reports, witness statements, and any footage from nearby security or traffic cameras. If you were taken from the scene to the emergency room before you could document the scene, you or your car accident lawyer in Phoenix can contact witnesses later for statements or request a copy of the incident report. 

Avoid Admitting Fault

Avoid making any statements to anyone that might imply fault while your personal injury claim is pending. Insurers and defense attorneys might interpret casual remarks or apologies as admissions of fault. Even saying “I’m sorry” to another party could be used as evidence that you admitted responsibility for the car crash. Instead, stick to the facts when you speak to others at the scene, police officers, or insurance representatives.

If you talk to the other driver, exchange contact and insurance information, but avoid discussing what caused the accident. Focus on gathering relevant information without expressing opinions or making comments that could be misinterpreted. This careful approach can protect you from costly mistakes or unintended consequences if other parties review your statements later on in a claim or lawsuit. Let investigators determine fault based on the evidence rather than on any comments you made right after the auto accident.

Seek Medical Attention

Seeking prompt medical care is one of the most important legal steps you can take after an accident, even if you don’t feel injured. Sometimes, injuries like whiplash, concussions, or soft tissue damage don’t show symptoms immediately. It’s common for people to begin experiencing neck or back pain after a car accident in the days or weeks that follow. A doctor can identify and treat these hidden injuries early and create documentation that can support any future insurance claims or legal cases you bring.

If you didn’t already receive emergency medical attention right after the accident, go to the hospital or your primary care provider as soon as possible. Delaying medical care could raise doubts about the severity of your injuries, which can weaken your case if you decide to file a claim. Following a medical professional’s advice and keeping medical records of your visits, diagnoses, and treatments can protect your health and generate critical documentation if you need to pursue compensation later.

Notify Your Insurance Company

You may be required to notify your insurance company about the accident soon after it occurs, according to the terms of your insurance policy. Most insurers have specific deadlines for reporting accidents, so check your policy to ensure you comply. You might have just days or weeks to notify your insurer and protect your ability to file a claim. You may have insurance coverage to help with some of your accident-related losses, such as payment for a rental car, collision coverage for repair costs at a body shop, or insurance to cover your accident-related medical treatment. 

While you need to report the accident promptly, remember to be cautious with your statements – even when dealing with your own insurance company. Insurance companies want to protect their profits and do so by minimizing the value of claims – even from their own insured policyholders. Stick to sharing essential information, such as the date, location, and a brief description of the accident. Avoid guessing about the cause of the accident or admitting fault, as insurance adjusters could use these statements to deny your claim. If your insurance company asks for a recorded statement, consult a knowledgeable personal injury attorney before providing one. They can help you prepare for insurance conversations to protect your rights and avoid saying anything that could weaken your claim.

Keep Detailed Records

Remember to maintain a record of all accident-related expenses after the collision. This includes medical bills, pharmacy receipts, vehicle repair estimates, pictures of your damaged car, employment records that show your lost wages, and any transportation costs for medical appointments. Document any time you missed at work and any resulting income losses due to the accident, including any sick leave or vacation time you had to use during your recovery.

In addition to medical expenses and income losses, keep track of any other financial consequences of the accident. For instance, if you needed help around the house because of your injuries or had to repair or replace personal items damaged in the accident, these costs will be relevant. Keep your records of these expenses organized in case you must pursue compensation through an insurance claim or lawsuit. Detailed documentation makes it easier to demonstrate the accident’s full impact on your daily life.

Contact a Phoenix Personal Injury Attorney for a Free Consultation

If you’ve been injured in an accident, the most important step you can take to protect your legal rights is to consult a Phoenix, AZ car accident lawyer. They can help you determine what to do after a car accident and handle the insurance claim process of seeking compensation for your losses while you focus on healing. At Silkman Law Firm, we offer free initial consultations so you can get advice on your situation without any financial commitment. Contact us today to discuss your case and strategize your next steps with an attentive and compassionate attorney.

Author: Alex Silkman

Alex Silkman is the founder and managing member of Silkman Law Firm Injury & Accident Lawyer. He focuses exclusively on personal injury and wrongful death cases, with the goal of getting truly just results for accident victims and their families.