Holiday Travel Accidents: Top 5 Legal Steps to Take

Travel spikes over the holidays–Thanksgiving, Christmas, New Years, even Memorial Day. This means increased traffic and, in many cases, increased weather-related hazards. It also means highways full of fatigued, distracted, and impaired drivers.

In short, highways during the holidays require you to navigate high-risk conditions that can lead to serious traffic accidents. Below is a list of steps you can take to minimize your legal risk.

Step 1: Call 911

Getting medical attention might not sound like a “legal step,” but in fact it is just as much of a legal step as it is a medical step. Medical records are some of the most credible evidence that you could possibly use. They establish the nature, seriousness and timing of your injuries. They also help you prove that it was the accident that you are complaining about, not some other event, that caused your injuries.

Move yourself and everyone involved to safety to avoid a second accident. Call 911 to summon both the police and an ambulance–even if you feel fine and don’t believe you need medical help.

Go to the hospital and let doctors check you out, because some injuries do not produce immediately obvious symptoms. Never forget that in a personal injury claim, there is no more credible evidence than medical records.

Step 2: Document the scene and gather information

The actions that you take in the immediate aftermath of an accident can make the difference between a successful and an unsuccessful claim. Don’t risk your health trying to gather evidence at the scene of an accident, of course. If you are too injured to move around safely, then stay put. If you are able to move around, however, take the following actions:

• Take photos of anything you might need for evidence–the positions of the vehicles on the road after the accident, road conditions, vehicle damage, and injuries.
• Collect contact info from witnesses and other drivers. Photograph license tags, and the other driver’s license. Exchange insurance information with the other driver.

Holiday factors, such as driver fatigue or too much egg nog, could turn out to be decisive factors in your case.

Step 3: Promptly report the accident

If the police arrive, they will file a crash report for you. Cooperate with the police as they prepare the report. If they let you see a copy of the preliminary report, make sure to review it and correct any errors. Although crash reports are not admissible in court, they can be very useful in settlement negotiations. If there is a trial, you won’t need a crash report–you can cross-examine the officer who wrote the report.

The terms of your own insurance policy might require you to report the accident to them, even if they will not be the insurance company paying your claim. Comply with this requirement, but state only the facts and don’t give out any unnecessary information.

Step 4: Avoid quick settlements or insurance traps

Never forget that the insurance company’s interests are directly adverse to yours. The higher the value of the claim they pay you, the less money they get to keep for themselves.

The insurance adjuster’s job is not to help you through a difficult time. Their goal is to save as much money as possible for their employer, the insurance company. Here are some mistakes not to make:

• Resist the temptation to accept a quick but inadequate settlement because you are under financial pressure. Insurance companies know of your vulnerabilities, and many of them will not hesitate to take advantage of them.
• Don’t give any recorded statements. Assume that the insurance company is recording any telephone call.
• Don’t sign any documents without having your lawyer look at them first. In particular, don’t give the insurance company blanket access to your past medical records.
• Hire a lawyer quickly and inform the insurance company that they are not to contact you–they must direct all communication through your lawyer. Once you tell them this, they have no right to contact you directly.
• Never, ever admit fault, even during casual conversation. Don’t say “I’m sorry” at the accident scene just to be polite.
• Do NOT use your social media accounts while your case is pending, Even uploading a photo of you enjoying yourself at a party could damage your claim. You can be sure that the insurance company will be monitoring your social media profiles. A court can even subpoena material from a private account. Tell your friends not to talk about your case on social media as well.

Step 5: Get a lawyer involved early on

Imagine that a traffic camera filmed your accident, proving that it was caused by a truck driver following you too closely. Now imagine that the film was overwritten 24 hours later. Imagine the defendant destroying evidence that could be used against them. A lawyer can investigate, preserve evidence, and handle negotiations for you.

These are only a few of the reasons why you need to get a personal injury lawyer involved in your case as soon as possible. This advice is particularly important during busy travel seasons, when personal injury lawyers tend to be busy and you might have trouble securing timely legal assistance.

A good lawyer might be able to help you recover the full value of your claim. You might be entitled to past and present medical expenses, lost earnings, diminished earning capacity, incidental expenses, pain and suffering, and many other elements of personal injury damages.

If you are from out of state

If your accident occurred in Tennessee and you are from out of state (a common holiday occurrence), it is particularly important that you secure the services of a competent Tennessee lawyer as soon as possible.

You’re unlikely to be able to handle your claim effectively from out of state, but a local lawyer can.

You don’t have to face this alone, even during the holidays

At Wagner Workers’ Compensation and Personal Injury Lawyers, we understand what you’re going through. Not only have we helped hundreds of Chattanooga accident victims facing the same challenges you are facing, some of our own lawyers and their families have suffered serious traffic accidents.

Evidence can disappear quickly, so don’t delay. Contact us today for a free initial consultation.