Written by Parnall Law Firm reviewed by Parnall Law Firm Car Accident Articles
Owner/CEO at Parnall Law Firm
No one wants to think about being in a car accident. A car wreck can mean significant inconveniences, a loss of transportation, and serious physical injuries.
More than 400 people died in motor vehicle accidents in New Mexico in 2016, and thousands of people sustained injuries in crashes. According to the New Mexico Department of Health, traffic accident-related injuries are the leading cause of death among young people ages 1 through 24. Think it can’t happen to you? Think again. Forbes suggests that statistically, you are likely to be in about three or four car crashes during your life.
It is important to know what to do after an auto accident, including minor fender benders and those involving injuries.
A car accident is traumatic. Even minor impacts can stun you and leave you feeling a bit disoriented. If you’re in a car crash, take a moment to check yourself and your passengers. Here’s what to check for:
When you call 911, be prepared to tell the emergency dispatcher how many people are injured and need ambulances. Describe the nature of their injuries to the best of your knowledge. Others can always refuse emergency care at the scene, but it’s best to have paramedics on the way, just in case.
You should call the police to report an accident, even if the damage appears to be minor. A police report will document the details of the accident and the drivers involved. If you need to file a claim against another driver, it will be more difficult to prove liability without a police report. Insurance adjusters often rely on accident reports to verify what happened at the scene of the accident. Some drivers become hostile or aggressive after an accident, and having a police officer present can help diffuse the threat of physical altercations.
Some drivers wonder, “Should I take pictures after a car accident?” The answer is almost always, yes, if it’s safe.
If you have a phone with a camera, do a quick walk-around of the vehicles and the scene. Avoid standing in traffic lanes and putting yourself in danger of being struck by another vehicle. Standing in an active traffic lane is very dangerous.
Here are a few specific things to consider when photographing the scene:
It’s human nature to want to talk to the other driver. When you’re in a car accident, you want to say certain things almost instinctively, such as, “I’m sorry.” But well-intentioned comments can be used as admissions to prove that you were at fault, even if you weren’t. Resist the temptation to discuss the details of the accident with the other driver. If you must talk to the other driver, try saying something like this instead: ‘Are you okay? I’ve called the police and EMS. They’re on their way. I’m going to wait in my car until they get here.’
Remember, it’s okay to check on people to see if they’re hurt. It’s okay to let them know you’ve got help on the way. Just be sure you don’t admit fault or make any remarks about how the wreck happened. That’s something you can discuss with the police when they arrive. Also, keep in mind that some people might get hostile or aggressive, avoid confrontations, and wait for the police.
On the day of your accident, it’s important that you go to an emergency room to be examined. Many people worry that this is overreacting, but it’s good to be seen by a medical provider because paramedics can’t easily identify all injuries at the accident scene. You may have small fractures, torn muscles or ligaments, whiplash, or internal bleeding; not all injuries are immediately apparent. The Kessler Foundation suggests that about 1.7 million people experience a traumatic brain injury (TBI) each year, and special diagnostic tests are required to diagnose these types of injuries.
Depending on your injuries, you may be referred to a specialist like an orthopedic surgeon, so they can further assess your need for treatment. It’s essential that you make all appointments and follow your doctor’s recommendations throughout your treatment.
Social media can be a real problem for those involved in car accident cases. You may want to tell your friends about your accident through Facebook, Twitter, LinkedIn, Instagram, Snapchat, or other social media. You should not post anything about your accident on social media.
Even though you may set your profile settings to private, you have little control over posts, and information once posted. You cannot stop someone from taking a screenshot or re-sharing your posts with others. Many valid injury cases have been ruined by reckless social media posts. Your posts or pictures can be used against you by an insurance company or their attorney during negotiations or at trial.
Before you talk to or agree to give a recorded statement to the insurance company or sign any documents presented by another driver’s insurance company, make sure you talk to your attorney. Insurance adjusters are paid to look for legal reasons not to pay you for your injuries. Here are some of the things an adjuster may do to diminish your case.
If you’ve been hurt in a car wreck, visit Parnall Law to get answers about your claim. The call is free and confidential, and we never get paid unless we recover compensation on your behalf. We’ve been helping injured people throughout New Mexico for over 20 years. Call us now to see if we can help you at 505-332-BERT
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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