Legal Challenges After a Car Accident: Essential Tips

Without any warning, a car accident can upend your life completely. According to data from the U.S. General Services Administration’s Office of Motor Vehicle Management, there are more than 6.4 million car crashes in the U.S. every year. And yet, we never see one coming.

Car accidents are not just physically traumatic, but mentally traumatic as well. It isn’t easy to remain clear-headed enough in the immediate aftermath to take the necessary steps to avoid potential legal challenges after a car accident. Knowing your rights and responsibilities is essential. 

Luckily, you don’t have to go it alone. With the right legal team behind you, you can navigate the legal challenges after a car accident with confidence. These essential tips will help you avoid the potential pitfalls

Safety First

First and foremost, ensure the immediate safety of yourself and everyone involved in the accident. If possible, move to a safe location, and determine if anyone requires medical attention. While safety is, of course, very important, there’s another reason to thoroughly assess any injuries after an accident. 

Officially documenting any injuries will be important for insurance purposes later on, so don’t overlook any scratch, scrape or bruise, no matter how minor it may seem. This documentation may be helpful if you think you might have a personal injury case. 

Report the Accident

As soon as safety is established, call 911 immediately to report the accident to law enforcement. In most places, reporting an accident to the authorities is a legal requirement. But even if you live in a state where that is not the case, it’s still crucial for insurance and legal purposes that an official accident report is filed. In Tennessee, state law requires that:

• Car accidents resulting in more than $50 in property damage must be reported to the local police.

• Car accidents with more than $400 in property damage must be reported to the Tennessee Department of Safety.

Document the Scene

You don’t want to have to rely on your memory of the accident scene later on. While you’re still there and your memory is fresh, take the opportunity to document everything. That includes jotting down a note or recording a voice memo so your immediate memory of how the accident played out can be set in stone. Stories change and memories fade over time, so get this information down while it’s at the forefront of your mind. 

Even more importantly, photograph the scene. Take clear photos of both vehicles and any damage to them, as well as any visible injuries on yourself. Photograph the road, the overall scene, and any relevant traffic signs and signals in the area.

Talk to Witnesses

Was there anyone around who saw the accident? Talk to any witnesses to get their version of events, and be sure to exchange contact information with any eyewitnesses so you can get in touch with them later on. 

Exchange Insurance Information

First of all, make sure you have your insurance information with you at all times! Keep a physical copy in your vehicle, and have a digital copy saved on your phone so you can always access it. After a car accident, be sure to exchange insurance information with the driver of the other vehicle. You should each have the other’s information to make the insurance and legal process as seamless as possible.

Avoid Discussing Fault

Be careful not to say anything that could be considered an admission of fault. That includes anything you say to the other driver, but also anything you might say to others on the scene, even passengers in your own vehicle. Fault will be determined later on, so make sure that nothing you say now puts your case in jeopardy. 

Beware of Time Limits

It’s important to act quickly after a car accident because if you miss the deadline to file a claim, you might be out of luck. The statute of limitations for filing property damage or personal injury lawsuits varies by state, and it could be as much as 6 years or as little as 1 year depending on where you live. 

If you live in Tennessee, for example, you have 3 years to file a property damage claim, but just 1 year to file a personal injury claim. In any case, don’t waste any time before filing.

Consult With an Attorney

Choose a lawyer who has a deep understanding of legal challenges in your specific state or city. For example, if you live in Nashville, then you should consult with an expert Nashville car accident attorney for legal advice and counsel. 

It’s wise that you take all the legal precautions you can, but it’s ultimately not your responsibility to know every letter of the law. That job falls on the shoulders of an attorney. Having a great lawyer in your corner is one of the best resources you can have to avoid legal problems after a car accident.