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What You Should Avoid Saying after a Car Accident

Posted by Jeff McCarthy | Apr 15, 2017 | 0 Comments

Involvement in car accidents often includes fear, anxiousness, nerves and fright. This may lead to words being spoken and actions taken that should be avoided. It is best to understand what to do and what to prevent from occurring after an incident on the road has transpired. With the knowledge of how to proceed, it is possible to avert later complications.

It is important to avoid certain words such as apologies. When someone apologizes to the other driver, this may be taken as an admission of guilt and responsibility in the accident. Promises spoken should also not occur. This promise may be later used against the person harmed in the situation to extract concessions during settlement or in a court case.

When law enforcement is on the scene, they may include in their report how one of the parties appeared to be responsible based on his or her behavior. Saying words such as it was his or her fault should also never be uttered. Any admission of guilt even when in shock may cause the side attempting to seek compensation to either fail or have a more difficult time proving the other driver responsible for damages owed to the victim.

Friendly Behavior

When someone has been involved in an incident on the road or in traffic, he or she may still be willing to behave in a friendly manner even when injured. While this may occur, certain words should not be said such as a promise for anything. Some individuals utter a promise to not seek compensation believing their medical insurance and car insurance will cover all the costs of medical treatment and property damage. Extracting promises may be a tactic used by certain drivers to avoid a costly repair owed to the person injured. Another promise may be to avoid a court case and litigation. Such words as promising to settle for a certain amount outside of legal representation or a settlement is not recommended.

Various persons involved in any stressful situation react by attempting to calm others. However, even when caring about the feelings and conditions of the driver or passengers of the other vehicle, it is important that the wellbeing of the injured person is taken care of first. This may mean avoidance of saying certain things, preventing certain behavioral responses and contacting emergency and law enforcement persons. In certain circumstances, the best reaction to an accident is to remain calm and wait for assistance. Silence is often recommended until medical care and legal help are available. This may require a call to a lawyer

What Not to Say

Saying it was the fault of the victim should never be said directly to anyone. It is important that words such as these are not spoken, and the individual wait for an investigation to determine who is responsible. Saying sorry about the incident may lead the other driver to believe he or she is not at fault, and this may be expressed to his or her insurance agency. It may also be used as evidence of liability in the accident. Saying to not worry about the incident is not appropriate. Any event that involves a collision or accident should be handled by those that routinely deal with the factors of the concern. It is possible the person that says it is not a worry could be severely injured and unaware of it.

Before any words specifying that the driver injured is fine or ok, he or she should ensure the harm is dealt with so that recovery is possible. Even if nothing appears to be out of the ordinary, the individual may be suffering from a head wound or internal damage. Additionally, certain details of the incident should not be guessed at. The particular speed should be explained to an approximate, how close the cars were when a light changed, what color the light was and various other factors should be either detailed or not provided if unknown. These elements should not be guessed at when talking with law enforcement or an insurance agency.

Personal Injury Lawyer for Car Accidents

When the person injured has said certain phrases, it may damage the case. However, obtaining the use of a lawyer to assist in the claim, he or she may be able to mitigate the damage. It is best to ensure the legal representative is hired before anything is explained to the other driver, an insurance agency or law enforcement about the incident.

About the Author

Jeff McCarthy

Service has been my cornerstone as a Soldier, Leader and Lawyer.  I am grateful to have been given the opportunity to serve my County as a Captain in the United States Army, my community as a Prosecutor for the Harris County District Attorney's Office and my Clients as a champion for their rights...


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