Car & Truck Accidents

If you’re ever in a car OR truck accident, you should follow these steps to help maximize your lawyer’s legal chances of securing full compensation for your injuries.

While still at the scene:

First: BEFORE getting out of your vehicle after an accident: BEGIN THINKING OF HOW TO BRIEFLY DESCRIBE AN HONEST VERSION of what happened, so when the police officer asks you “What happened?” you have this straight in your mind and can honestly (yet briefly) answer this question correctly. Also, think back to remember if the other driver seemed distracted before the accident. If you saw him/her using a phone, speaking to (or texting) someone, reaching back into the vehicle or doing anything that might have diverted his/her attention anywhere else, report it to the police officer AND us.

Second: Immediately upon opening your door and getting out of your vehicle, look very closely at the other driver’s vehicle to see any noticeable defects which might have affected the proper operation of the other driver’s vehicle (such as bald tires, something in the passenger’s seat or window which might have impeded the view, etc.). Also, pay close attention to if and when you speak (or are spoken to by) the other driver – did you detect any odor of alcohol, drugs, or signs of being under the influence like slurred speech or difficulty walking? Make (a written) note (date and time) of whether they apologized (e.g., said “I’m so sorry”) for being distracted, being in a rush, or making any admissions of their negligence after the accident. Tell the police officer AND us of this.

Third: If possible, take pictures of the damages to both vehicles and any noticeable defects which might have affected the proper operation(s) of the other driver’s vehicle. If so, take close, clear pictures of it/them and report this to the police officer AND us of this. Take pictures of the other driver’s license and insurance information. You should also give your insurance information to the driver and the police officer. Make sure that you give all this information to your insurance provider, even if the other driver admits fault while still at the scene. Also, provide us with this information.

Fourth: Never refuse medical attention— a lot of soft tissue injuries like whiplash or concussions don’t take effect on your body until a short while after the accident. If you have any symptoms or physical problems whatsoever at the scene of the accident, get to the emergency room as soon as possible after the accident – accept police offer for the ambulance.

FIFTH: NEVER, NEVER, NEVER take any calls or make ANY statements to anyone who calls you (unless you’re SURE they are your insurance provider) and don’t make ANY statements as to what happened and what your injuries are. Tell them that we told you to tell them to call us to discuss this matter; and you don’t want to speak to anyone other than your lawyers and your insurance adjuster about the accident. Also, don’t talk about the accident. ALSO, don’t go into too many details about the accident with family and friends, because they could be called by the defense to give testimony that might harm your case.

Finally, after leaving the scene of the accident and obtaining the necessary medical treatment, there are other important steps to follow. Buy a little notebook (do not use this notebook for anything else – use it just for facts relating to the accident)—use it every day and keep track of: All significant medical events which occur, such as:

1. Your PAIN: when (date and time) and how much pain you felt (on a scale of 1 – 10)
2. YOUR trips to ALL healthcare service providers
3. Make notes of everything you were told by the healthcare provider (pertaining to your medical treatment) at each visit;
4. List all expenses you or others (including your insurance company) pay/paid because of the accident, including (but not limited to) things like miles traveled to and from medical treatment, prescription drugs (keeping track of the entire expense of each drug needed, including what your insurance company pays) AND your co-pays [keep all this information in a separate section of the notebook]) and KEEP ALL RECEIPTS;
5. All times & days of work missed because of your injuries (include medical appts.);
6. All normal activities you individually (and/or with your significant other) were unable to enjoy as a result of the accident— things like golfing, bowling, recreational sports, dancing, sexual intimacies, etc.

NOTE: The following is a partial list of “damages” for which you may be entitled to be compensated as a result of the accident. In other words, based upon your having documented (on day by day basis) and listed things such as:

1. “Pain & Suffering” — including the severity [rating it on a level of 0 – 10, with “10” being the highest level of pain you could imagine experiencing and “0” being no pain] each day you list it, noting the pain levels:
   1. Upon getting up in the morning
   2. After getting off work
   3. Right before going to bed
2. “Medical expenses” – the person(s) responsible for your injuries do(es) NOT get the benefit of your insurance company getting reduced rates or having paid for your medical treatment, but is/are responsible for the full entiretyof all medical charges (reasonably related to your injuries), so keep copies of ALL bills, whether paid or not;
3. “Lost time” – the person responsible for your injuries is also responsible for reimbursing you for all full or partial days lost by you (even if you take vacation days and get compensated by your employer) as a result of your injuries, BUT ONLY IF your doctor states (in a written “off work slip” or the like) that you must stay off work;
4. “Loss of normal life” and/or “loss of consortium” – the person(s) responsible for your injuries is also responsible for your loss of those normal activities of life you normally participated in and enjoyed before the accident, but were unable to participate in and/or enjoy after the accident
5. “Disfigurement”what monetary value the disfigurement is worth is speculative, but definitely will be considered if it is prominent and/or large; and
6. “Disability(ies)” – the person(s) responsible for your injuries is also responsible for any and all disability(ies) suffered by you as a result of the accident as well.

The foregoing listings are NOT necessarily all the damages you may be entitled to receive compensation for, as a result of your injuries. Each case is unique in itself, and your entitlement to compensation is something we discuss with you at the appropriate time (after reviewing all facts of the accident, the nature, and extent of your injuries, your medical treatment, your disabilities, etc.) to properly assess. Generally speaking, the greater your lawyer’s experience in the area of personal injury, the greater the likelihood of you obtaining greater compensation for the injuries resulting from your accident. Mr. McDermott has been practicing law in the field of personal injury in excess of forty-one (41) years.