Steps to Take After Your Motor Vehicle Accident in California

An auto accident can be both traumatic and stressful. During this time, car accident victims are usually in shock. Their heart will be racing, their hands may be shaking, and adrenaline is coursing through their veins. Despite the trauma that comes with motor vehicle accidents, there are certain steps to take after your motor vehicle accident in California that can protect your rights and your case. Taking the proper steps following an accident can increase your chances of receiving the compensation you deserve for your injuries and other damages. At Lem Garcia Law, we believe in educating our clients concerning what they can do to maximize their compensation and protect their rights after a California car accident. Following the steps included in this guide can mean the difference between receiving the compensation you deserve and receiving a settlement amount that’s not nearly enough to cover the cost of medical treatment and other losses.

Contact 911

If you’ve been involved in an accident, pull over to a safe area immediately, as close to the accident scene as possible. Check to see if anyone is injured and contact 911. When you speak to a 911 dispatcher be very

Should I go to the Emergency Room after a car accident?

specific. Make sure to check your surroundings and locate the nearest landmark, mile marker, or street sign. Provide the dispatcher with specific information to ensure that the first responders and police officers arrive at the scene quickly. This will be especially important if anyone involved in the accident requires emergency medical assistance.

At the scene of the accident, there will likely be twisted metal, shattered glass, and vehicles pointing in different directions. Unfortunately, this can be a very dangerous situation for everyone involved. Provide the dispatcher with an accurate description of the accident scene especially if you and the other driver involved are unable to move your vehicles out of the road.

If anyone in either vehicle is injured be sure to provide this information to the 911 dispatcher.

Exchange Information with the Other Driver Involved

Exchange information with the other driver, including driver’s license numbers, license plate numbers, registration numbers of the vehicles, and full names and addresses. You will also need to exchange insurance information, including the name of the insurance provider and the policy number.

Gather Evidence

The minutes following a collision can be crucial when building your personal injury claim and your property damage claim. The evidence that’s gathered at the scene of the accident will be the foundation upon which your claim is constructed. You must act quickly during this time since this will be the only time you’ll have access to certain types of evidence. These pieces of evidence will be critical to the insurance companies when seeking compensation for your losses.

Take Photos

Using the camera on your phone, if you’re able to, walk around the accident scene and take photos of everything you believe contributed to the accident. Take photos of the damage done to all vehicles involved, broken or missing stop signs or stop lights, debris in the road, and the road conditions. Make sure you take photos from a variety of angles to give a complete picture of the accident scene. You must also take photos of your injuries and the injuries sustained by any passengers in your vehicle.

Sketch a Diagram of the Accident Scene

Draw a diagram of the accident scene. An accurate diagram can be very useful to you and your attorney when determining fault. In your sketch, make sure that you include the position both cars were in before and after the accident, the street name, current weather conditions, the time of day, and the approximate speed your car and the other car were traveling at.

Speak to Eyewitnesses

If anyone witnessed the accident, ask them to stay until the police arrive. While an eyewitness isn’t legally required to remain at the scene, it can be very helpful to you if they do. Your attorney will want to speak with them to learn more details about the accident and take their statement.

Obtain a Copy of the Accident Report

When the police arrive at the scene, they will speak to you, the other driver, and anyone else involved in the accident. A police officer will fill out a report called a traffic collision report. Your attorney, insurance carrier, and the other driver’s insurance provider will want to review the information in this report when handling your claim.

Do Not Admit Fault

When speaking to the police officer or the other driver’s insurance provider, never admit fault for the accident. Only provide factual information. Some drivers may believe that an auto accident was entirely their fault, however, they may not know if the other driver also contributed to the accident or may even have caused the accident. When providing information regarding the accident, only give the facts as you know them. You should also avoid apologizing to the other driver. While an apology is not exactly an admission of guilt, an insurance company may see it as one.

Seek Medical Treatment

Once first responders have arrived at the scene of the accident, they will check you and all other parties involved in the accident for signs of injuries. If you don’t believe that you’re seriously injured and don’t want to be taken to the hospital in an ambulance, you must still seek medical treatment as soon as possible. Many types of serious injuries can go undetected for several hours or days following an accident. This can include internal bleeding and traumatic brain injuries. You must also seek medical treatment as soon as possible to protect your claim.

For example, if you feel fine following the accident and wake up the next morning unable to walk or turn your head and then you seek treatment, the other driver’s insurance company will use this gap in time against you. You must be examined by a medical professional immediately following an accident. A doctor will thoroughly examine you and perform the necessary tests. If the physician does find injuries during your exam, they will document these injuries as well as recommended follow-up medical treatment. You must follow the emergency room doctor’s instructions carefully and see your primary care physician as soon as possible. Your primary doctor may send you to other specialists depending on the type and severity of your injuries. Your medical records and bills will be used as evidence in your claim. Because of this, if you have suffered severe injuries, you must follow your physician’s care instructions carefully. This will help support your claim for damages and compensation for medical treatment.

Contact Your Insurance Company to Report the Accident

An insurance company often has a cooperation clause that requires the insured person to report an accident as soon as possible. You must report an accident as soon as possible even if the accident wasn’t your fault. Failure to do so can result in the cancellation of your policy. Once you have reported the accident you will be required to assist your insurance company during its investigation. Your cooperation can help your insurance provider accurately and quickly assess any potential liability.

Contact an Attorney

If the injuries sustained in the accident were relatively minor, you may be able to handle your accident claim on your own. However, if you sustained serious injuries, you should contact a personal injury lawyer at Lem Garcia Law as soon as possible. After one of our attorneys has reviewed the circumstances of your accident, they can determine whether the other driver was negligent and if you’re entitled to compensation for damages.

Damages can include:

Pain and suffering
Lost wages
Past and future medical expenses
Loss of consortium
Loss of earning capacity
And more.

Areas We Serve

At Lem Garcia Law, we offer services in the following areas:

Contact Lem Garcia Law Today

If you have been injured in an auto accident and you’re struggling to make ends meet, now is the time to act. An insurance company may be dragging its feet, refusing to offer you the settlement amount you deserve for your pain and suffering and other damages. At Lem Garcia Law, we know how frustrating it can be to negotiate with an insurance company. We also know how stressful life can be with no money coming in. Our firm offers free case reviews. Contact our office today to schedule a case strategy session with one of our knowledgeable and experienced personal injury lawyers. We will discuss the facts of your case and answer any questions you may have. If you do not decide to hire us, you will still leave our office knowing what your legal rights and options are. Should you decide to work with one of our attorneys, we will immediately get to work building a strong case that will hold the at-fault driver responsible for their negligent actions.