After a car accident, stay at the scene and render first aid to anyone who is injured. Once everyone is safe, call 911 immediately. When giving an officer your statement, do not admit fault; stick to the facts.
Exchange insurance information with any involved party and take pictures of the scene and any vehicle damage. If there are any witnesses nearby, ask for their contact information, as well. Finally, consider your legal right to a car accident attorney.
Six Things to Do at the Scene of a Car Accident
A car accident can leave you shaken. Try not to panic; you can do a few basic things to protect everyone’s safety and your right to compensation. Consider the following steps to take at the scene of a car accident:
Stay at the Scene and Do What You Can to Ensure Everyone’s Safety
Your safety, as well as the safety of others, comes first. O.C.G.A. § 40-6-270 mandates drivers to stay at the scene of an accident and administer reasonable assistance to injured parties.
If another driver is incapacitated and it is not safe to let them remain in their vehicle, try your best to remove them and get as far away from the vehicle as possible. Otherwise, it is best not to attempt to move an injured person. Let the emergency responders tend to them.
If no one appears seriously hurt and your vehicle can be driven safely, Georgia law, O.C.G.A. § 40-6-275, requires you to move it out of the roadway to the shoulder, median, or another safe spot. For your safety, stay in your vehicle until the police arrive. Other drivers on the road may not be paying attention, and they could hit you. Turn on your hazard lights to warn approaching drivers. At night, you can also use flares, reflective triangles, or a flashlight if you have them and can set them out safely.
Call 911 for Emergency Services
Dial 911 and request law enforcement come to the scene of the accident. Give the dispatcher your exact location, including the road name, the nearest cross street or mile marker, and your direction of travel. Clear details help first responders reach you faster. They will file an official crash report that can support your insurance claim or lawsuit. Insurance adjusters often use these reports to determine who bears fault for the accident. A personal injury lawyer from our law firm can also use this evidence to support your case.
If paramedics arrive, let them evaluate you and provide medical assistance. Some injuries do not show symptoms right away. Refusing care at the scene can also give an insurance company room to argue that your injuries were not caused by the crash.
Note: If you or your child suffered a severe injury and have to go to the hospital, you do not have to wait for the police to arrive. You may leave at once and give your statement later without jeopardizing your right to damages.
Do Not Admit Fault
When the police arrive at the scene, they will take each party’s statement about what happened. Stick to the facts, and do not speculate on who bears fault. Avoid apologizing as well, even out of politeness. An insurance company may treat a simple “I’m sorry” as an admission of fault.
It is also best to avoid casual conversation about the crash with bystanders or the other driver. Comments made in the moment can resurface later in your claim. If you need support, call a trusted friend or family member instead.
You have a limited perspective of the accident, and you may not be aware of all the factors at play. For example, faulty auto parts may have contributed to the collision, which could make a manufacturer liable. Play it safe and avoid saying anything about fault. Simply describe what you saw, heard, and felt from your point of view.
Later, the insurance adjuster will make their own determination of fault. They can use anything you say to undervalue or deny your claim. A lawyer from our firm may also conduct an independent investigation and counter their findings.
Exchange Insurance Information
The police will also assist each party when exchanging insurance information. You may do so before the police arrive, but avoid discussing fault with the other parties. Remember, the other side may use anything you say against you.
Information to collect from the other driver includes:
- Name, address, and phone number
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, and color
You can also snap a picture of their insurance card and driver’s license on your phone.
Document Any Available Evidence
The more evidence you have, the stronger your compensation case will be. Take photos of:
- Wide-range shots of the accident scene that show the position of each car on the road
- Close-ups of the damage on each vehicle
- Any visible injuries you suffered
- Road and weather conditions
- Traffic signals and signs
- Skid marks or debris
Keep these photos off social media, since insurers may review your posts.
If there are any witnesses nearby, ask for their names and contact information. We may be able to use their testimony to support your case. Keeping a printed copy of our Car Accident Report Form in your glove compartment can help you record these details while you are still at the scene.
Consider Your Legal Rights
Finally, remember that you have the right to legal representation when filing a claim or lawsuit for an auto accident. You can reach out to our firm immediately after the accident.
Once again, your safety and well-being come first. Call for help if you or anyone else requires emergency medical care.
When everyone is safe, don’t wait. Consider your legal rights and get to work on your case as soon as possible.
For a free legal consultation, call 404-214-2001
Three Things to Do After Leaving the Accident Scene
The steps you take after a crash can affect both your recovery and your claim.
See a Doctor as Soon as Possible
Your first priority after leaving the scene is to see a doctor. A prompt exam protects your health and creates a medical record linking your injuries to the crash.
Once you begin medical treatment, follow your doctor’s plan and keep every appointment. Gaps in care can give an insurance company a reason to question your claim.
Report the Crash to Your Insurance Company
Most auto insurance policies require you to report an accident promptly. Keep your report brief and factual, and avoid discussing fault. If the other driver’s insurer contacts you, you can decline to give a recorded statement until you speak with a lawyer.
Contact a Lawyer Before Your Filing Deadline Passes
It’s important to consider legal action because the state gives you a short time to seek damages. How long you have to file a car accident lawsuit depends on your situation, including who (or what) caused your accident. Consider the following:
- O.C.G.A. § 36-33-5 gives you just six months to give a city written notice of your claim (if, for example, a bad roadway environment contributed to the collision).
- In cases involving negligence, you generally have two years to file your lawsuit, per O.C.G.A. § 9-3-33. Your filing deadline begins from the date of your traffic collision.
- You also have two years to file a lawsuit if your loved one lost their life due to their injuries. Your wrongful death filing deadline begins from the date of your loved one’s passing.
The sooner you contact a car accident attorney, the sooner they can start managing your case’s deadlines. Remember, if you don’t file your case within the appropriate deadline, you could lose the right to seek damages at all.
What if I Forgot to Do Something at the Accident Scene?
Accidents are unexpected and traumatic events. When a crisis hits, most people do not react in a “picture-perfect” manner. If you did not follow all of the steps outlined above, maybe you did not get the other driver’s contact information, or maybe you were too distraught to think of taking pictures, this does not mean all is lost.
When you meet with a car accident lawyer, be honest with them about what you did and did not do immediately following the crash. They have handled many cases like yours, so they know how to respond and, if necessary, compensate for anything you missed.
They might:
- Request a copy of the police report to find information you do not know
- Look at surveillance footage and news reports
- Visit the accident scene and look for forensic evidence
- Ask you to repeat what you said to all involved parties (to the best of your recollection)
- Consult with accident reconstruction experts on your collision’s cause
- Interview people who saw the accident happen
- Review the at-fault motorist’s driving record
You do not have to let uncertainty stop you from seeking legal advice and financial compensation following a car crash. It is a good idea to talk to a law firm after an accident, even if you did not do everything you were “supposed” to do.
Call Kaine Law After a Car Accident in Georgia
At the scene of a car accident, you should prioritize everyone’s safety and protect your right to compensation. We can handle your case from there. Our team has helped car accident victims for multiple decades, and we want to see how our attorneys can serve you.
Our firm offers free consultations to discuss your options and works on contingency, so you pay nothing unless we win. Call us today to start the process. We can answer your questions, address your concerns, and put your anxieties to rest.
Call or text 404-214-2001 or complete a Free Case Evaluation form
