The steps you take and the things you do/say, following an accident can make the difference in whether or not you are compensated for your injury. If you are involved in an accident, in Kansas City, here are our "7 Accident Dos and Don'ts" to help you along the way (a printable version is at the bottom of the page):
DO call 911 to report that you have been involved in an accident. You should take this step whether you think your injuries are minor or major, for several reasons. First, depending on the seriousness of the accident, making this call may mean police, fire and medical assistance will be immediately deployed. Second, the report to the police provides you with documentation of the incident. Finally, it provides you professional support with gathering much of the information necessary to file a claim.
DO look for details that support the fault of the other party. Kansas uses a comparative fault determination when deciding whether or not you are entitled to compensation. If you are found to be 49% or less at fault, for the accident, you may be entitled to recovering from the at-fault party's insurance. Some things to be looking for include: open/closed alcohol or drug (illegal and prescription alike), bald tires, texting, vehicle in poor repair, etc...). Should you discover anything that suggest that the other party was negligent, ask the police to document it and take pictures/videos of your findings.
DO listen and write down details about the accident. The person that caused the accident may provide you with details surrounding how/why the accident occurred. Share this information with the police, and write down, and keep in a safe place, your own notes. There may be witnesses to the incident too. Ask that they speak to the police and provide you with their contact information (name, address, phone number, email address, etc...). A witness' account and/or the at-fault party's statement may later change; however, if handled properly you will have the police report, and your notes, that provides what they originally shared.
DON'T discuss the accident while you await the police. Just as you will report to the police, and write down the details surrounding, what the other party says, so will they. It is better to simply listen and look for details than get into a conversation about the accident. Remember what you say may be used against you later, even if it was a misunderstanding/misinterpreting of the facts and details surrounding the accident.
DON'T answer questions about your injuries to the police or the insurance company before calling us. Your first encounter with the police will likely be immediately after the accident. Your adrenaline is running high and it is very well possible your are in a state of shock. For that reason, you may be able to see some injuries (ex. a bleeding cut) but, not all. There are injuries that cannot be seen, and you many not immediately feel. Better to simply accept the medical attention offered, no matter how minor you think your injuries are, and offer no details about for what injuries. You may also speak to an insurance adjuster shortly after your accident. In order to protect your claim, you will want to speak to us before giving a recorded statement. Everything you say to the insurance company, and the police, can and will be used against you later.
DON'T draw conclusions about what happened. Far too often, those injured, make assumptions and draw conclusions about what did (or did not) happen to cause the accident and their injuries. For that reason, sometimes, even when the accident wasn't their fault, they begin to blame themselves and/or excuse the other driver for their fault. Without all of the information, you should not draw conclusions. Simply state the facts and allow your attorney to (using experts, pictures, etc...) to draw conclusions.
DON'T hesitate to call Attorney T. Morton (913.602.7288). The legal system is complicated but, we can help you through the process. The at-fault party will have attorneys on their side, and so should you. TAKE ACTION TODAY.
Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship.