Important Steps to Take When Involved in an Automobile Accident

You’re a safe driver. You always look both ways before entering an intersection. You always use your turn signals prior to making a turn. And that’s all good. However, unfortunately, drivers around you don’t follow your safe driving practices. As a result, there is a strong likelihood that you will be involved in an automobile accident which may involve bodily injury.

With the ever-increasing distractions that we face today, people are more pre-occupied with cell phones, text messages, e-mails, tweets, etc., and more often, these activities take place while driving, frequently resulting in automobile accidents.

In the unfortunate event that you fall victim to one of these distracted drivers, here are a few important steps that you should take immediately to protect your interests.

In injury cases, there are basically four (4) elements that must be proven to prevail in a negligence action: (1) duty - Did the negligent party have a duty to protect you from the harm suffered? (2) breach of duty - Did the negligent party breach that duty? (3) causation - Were you injured as a result of the negligent party’s breach of duty? (4) damages - What are your damages.

The issue of liability is determined within the first three of these elements. The compensation due you is determined through the fourth element, damages. The negligent party may have had a duty to protect you from the harm suffered, may have breached that duty by failing to protect you, and any injury you suffered may have been the result of the negligent party’s breach of duty; however, if you are not able to adequately prove the damages you suffered, then the amount of compensation you will likely recover may be minimal. Thus, it is imperative that certain steps are taken to better prepare your claim in order to maximize your recovery.

Upon becoming involved in an automobile accident, call 911 to report the accident. Additionally, if you have a camera and are physically able, take photographs of the damage and positions of the vehicles prior to them being moved. In many jurisdictions, there are laws requiring that vehicles in an accident be moved to the side of the road, if able. By photographing the position of the vehicles you better enable decision makes to determine liability. Additionally, this allows you to obtain photographs of the damage to both vehicles prior to repairs.

If you are injured, be sure to tell the officer, even if the injury appears to be minor.

Exchange driver’s license and insurance information with the other driver, and be sure to document the type, year, color and vehicle tag information.

Obtain the accident report case number from the law enforcement officer, and ask the officer when the accident report will be ready. Provide the accident case number information to your attorney so As soon as the report is ready, obtain a copy from the law enforcement office.

Obtain contact information from all witnesses.

If you are seriously injured you may need to be transported to the emergency room.

 Call an experienced personal injury attorney immediately and permit the attorney to contact the insurance company to initiate a claim. The attorney will also obtain a copy of the accident report, contact any witnesses, obtain insurance policy coverage information and conduct an investigation to determine.

Once a claim has been initiated, claims representatives typically make a request for a "recorded statement". Allow your attorney to address that issue with the claims representative.

If possible, obtain two or three written estimates of the damage to your vehicle. And on the issue of property damage, claims representatives frequently attempt to equate bodily injury you suffered to the extent of the property damage to your vehicle.

On the issue of bodily injury and pain and suffering, it is imperative that you have well documented chiropractic, medical and/or physical therapy treatment records. If there are no treatment records, if there is a delay in initiating treatment, or if there are gaps in treatment, the claims representative may make an assumption that you were never really injured. Also, missed treatment appointments are typically frowned on by the claims representative as an indication of no or minimal injury. However, if you are obtaining chiropractic, physical therapy or any other medical treatment for your injuries, be sure to have your condition thoroughly documented in your records by the Chiropractor, Physical Therapist or medical doctor.

Additionally, it is strongly advisable that you maintain a journal to document the pain you suffer daily, the loss of sleep (if any), how your normal daily activities have been disrupted as a result of your injuries, as well as, how the injury has impacted your relationships with your family.

Further, if you have missed work as a result of your injuries, you should notify your attorney so that a statement of lost wages may be obtained from your employer.

With a well documented journal of your pain, discomfort, lack of sleep, inability to engage in your normal daily activities, inability to maintain your normal marital and family relationships, in addition to well documented chiropractic and/or medical records, photographs of the property damage of both vehicles, witness statements, accident report, statement of lost wages, your attorney will be equipped to prepare a thorough demand package for the insurance adjuster to consider in seeking maximum compensation for your injuries.  Call Attorney Anthony O. Van Johnson right away at (404) 551-2428, if you would like to discuss your accident claim.  http://www.vanjohnsonlaw.us .