Car accidents are confusing events. Many motorists are in a state of shock, not to mention pain from any bodily injuries. At Kaufman & McPherson, PLLC, we help accident victims with their injury claims. The steps you take in the immediate aftermath of an accident will go a long way to determine whether you can seek compensation. Call us today. In this article, we look at what to do immediately after a car accident. Complete as many of these steps as possible, and then reach out to our firm to schedule a free consultation with a West Virginia car accident lawyer.
What Do You Do Immediately After a Car Accident in West Virginia?
Assuming you can speak to others, we recommend the following:
- Stop immediately. West Virginia Code § 17C-4-1 requires that motorists stop immediately or as close to the scene as possible. Violating this law is a crime, so be sure to stop.
- Call emergency services. You should call an ambulance for anyone who needs it. W.V. Code § 17C-4-3 requires helping anyone who is hurt in the crash. The easiest way to help is to call an ambulance instead of driving them to the hospital yourself. You should also call to report the crash to the police so that an officer can come by the scene.
- Ask for personal information from all drivers. You should ask for:
- License
- Registration
- Insurance
- Name and address
If more than one driver is involved in the crash, then get info from all of them. You can also share your own information with all other drivers.
- Photograph the vehicles and the accident scene. Photographs will help show what happened. For example, you should use your phone and take a few long-distance photos that show both cars involved in the accident in relation to the rest of the road. That will help show how they came together. You can also zoom in and photograph the dents.
Take pictures of anything else that looks possibly relevant. For example, road defects could have contributed to the crash. Photograph potholes, road debris, or a missing stop sign.
- Talk with any witnesses. Witnesses can help insurance companies see how the accident unfolded. Ask each witness for their name and method of contact (such as a home phone number or email address). These witnesses are often the foundation of a claim, especially when there is a dispute regarding fault.
- Avoid apologizing or admitting fault in any way. You should not apologize for the accident, which will only be used against you. West Virginia follows a modified comparative negligence scheme. If you are partially at fault, then your compensation is reduced accordingly.
- Visit the hospital. Early treatment is critical. Tell the attending physician where you feel pain and that you were involved in a crash. You can use your health insurance initially. If you get a settlement, then your settlement can reimburse your health insurer for the cost of treatment.
- Report the accident to your insurer. They can open a claim with the other driver’s insurance company. All you need to do is tell your insurer you were involved in an accident and the day and time it happened. You do not need to go into greater detail. If you are uninsured, then you can call the other driver’s insurance company to open a claim.
These steps are what to do immediately after an accident. They will help you document the crash, which helps establish fault. West Virginia still operates under a fault system for car wrecks.
What happens if you are in so much immediate pain that you cannot move? In that case, all you can do is wait for an ambulance to come and take you to the hospital. Your West Virginia car accident lawyer will try to gather other evidence.
What to Do in the Coming Days and Weeks
Injured motorists sometimes make mistakes as they recover, which hinders their ability to obtain compensation. Here is what we recommend:
- Continue with your treatment. Car accidents cause significant injuries. Your doctor will probably tell you to go home and rest, but you may also need physical therapy. Remember to follow your treatment plan. If you think it’s not working, you can get a second opinion from a doctor.
- Avoid giving a recorded statement. Some insurance companies will call you at home to discuss the crash. They might be digging for evidence to show you were partially at fault. You should say as little as possible, at least until you hire a lawyer.
- Hold onto receipts to prove economic loss. You should keep copies of:
- Medical records and insurance statements
- Any rental car receipts
- Car repair estimates and receipts
You might also request compensation for lost income or wages, so find documents that show how much you earn. You might use a recent paystub or bank records if you are self-employed.
- Do not post about the accident on social media. You don’t want to say something that could undermine your legal rights. Insurance companies often comb through your social profiles to search for evidence.
- Hire an experienced accident lawyer. A lawyer is a big help in gathering evidence and negotiating on your behalf. A lawyer should handle all communications with insurance companies, freeing you to focus on healing. You can call law firms and ask to schedule a consultation.
Contact a West Virginia Car Accident Lawyer for a Free Consultation
Kaufman & McPherson, PLLC, is an established West Virginia personal injury firm that has helped injured motorists for several decades. Our firm knows how to efficiently build a claim for compensation when a client is hurt in a car accident. We can assist with rollovers, rear-end collisions, and T-bone accidents. Call us today. We can begin gathering evidence to use on your behalf, and then we will negotiate for a fair settlement with the at-fault driver’s liability insurance company. We are proud to serve the 26330 zip code and nearby communities.
