Motor vehicle accidents, whether minor or major, can be overwhelming. They are stressful, but knowing the right steps to take can make the aftermath more manageable.
Always prioritize safety, gather essential information, and consult with legal professionals if needed. Before you even start talking to the other driver, make sure you’ve followed the following instructions first.
Here are some things you should immediately note from the involved parties in an accident:
- Full name and contact details: This helps in future communications and legal proceedings.
- Insurance company and policy number: Essential for insurance claims.
- Driver's license and license plate number: To identify the other driver.
- Vehicle details (type, color, model): Useful for damage assessments and reports.
- Accident location: To provide context in case of disputes or investigations.
What Should You Do After A Motor Vehicle Accident in New York?
The first thing you need to do is prioritize your health. If you are able to move, immediately take yourself, and any passengers you have out of harm’s way. If you or a passenger have been injured, immediately call for medical assistance. Protecting yourself and your loved ones should always come first.
To protect your legal rights after a motor vehicle accident, if you are able, you need to do the following:
Document the Accident
Documentation can serve as evidence, especially if there's a dispute about the accident's cause or the extent of damages. Besides, proper documentation can speed up the insurance claim process and provide clarity in legal situations.
Remember, visual evidence like pictures and videos can be way more convincing. Capture different angles of the damage and the overall scene.
Talk with Witnesses
Witnesses can provide an unbiased account and neutral perspective, often seen as credible in court. Insurance companies may rely on witness statements to determine fault and validate claims.
Key Questions to Ask Witnesses
- When and where did they notice the accident?
- What did they see or hear?
- Were they accompanied by anyone else?
- Did they notice any distractions or traffic infractions?
- Can they provide a statement to the police?
- Can they sketch or describe the accident scene?
- Do they have any expertise related to accidents?
- Make sure to collect their contact information for future reference!
Identifying Root Causes of Incidents
While immediate causes are apparent, root causes are underlying issues that led to the accident. A comprehensive analysis can reveal patterns, systemic issues, or specific failures that contributed to the incident. This process can also prevent future occurrences and provide clarity in legal situations.
Standard Questions for Car Accident Investigations
When investigating the root cause of the incident, it's essential to ask comprehensive questions that cover all potential contributing factors. Here are some standard questions to consider:
- Were there any mechanical failures or malfunctions in the vehicle? This can include brake failures, tire blowouts, or engine issues.
- Was the driver under the influence of alcohol, drugs, or medications? Impaired driving is a leading cause of accidents.
- Were there any distractions involved, such as mobile phone use, eating, or adjusting the radio? Distracted driving is a growing concern in road safety.
- Were road conditions a factor? This can include wet or icy roads, potholes, or inadequate signage.
- Was the driver adhering to speed limits and other traffic rules? Speeding and reckless driving can significantly increase the risk of accidents.
- Were there any environmental factors, like glare from the sun, heavy rain, or fog? These can impair visibility and reaction times.
- Did the driver have adequate rest before driving? Fatigue can impact a driver's alertness and reaction time.
- Were there any recent changes or modifications to the vehicle that might have affected its performance?
- Did the driver have a history of traffic violations or accidents? Past behavior can indicate patterns or habits.
- Were there any witnesses, and if so, what did they observe? Witnesses can provide an unbiased account of the events leading up to the accident.
What if a Vehicular Accident Happens at a Business Premise?
Accidents can happen anywhere, including on business premises. And for businesses or individuals in the public eye, a car accident can also impact their public reputation.
If you were injured in a car accident at a business establishment, immediately notify the owner or the management. They can serve as your witnesses and even help you call for aid. They will also have access to security footage from CCTV cameras, so it is wise to ask them to examine the videos and save a copy of the incident, which will be instrumental to your later legal claims.
Reporting the Accident
Reporting an accident to your insurance provider as soon as possible ensures that the claims process starts promptly. This can expedite repairs, medical treatments, or other necessary actions. Once reported, they will then determine the claim amount based on the policy's terms and the accident's circumstances.
Notify the DMV
In New York State, you are required by the Vehicle and Traffic Law to file an accident report if the damage to one individual's property (including your own) exceeds $1,000. This report must be filed within 10 days.
The primary criteria for reporting to the DMV in New York is the damage amount. However, it's always a good practice to report any accident that results in injury, regardless of the damage amount, to ensure all legal requirements are met.
Note: Always prioritize safety and accuracy when dealing with accidents. Misrepresentations or delays in reporting can lead to legal complications and challenges with insurance claims. When in doubt, consult with a legal professional.
Contact A New York Car and Automobile Accident Attorney
With expert guidance, you can ensure that your rights are protected and that you receive a fair and just resolution. The Porter Law Group specializes in car accident cases, offering expert legal advice tailored to your situation.
Our primary goal is to ensure that our clients receive the compensation they deserve, reflecting the true extent of their damages and losses.Contact the Porter Law Group at 833-PORTER9 or email us at info@porterlawteam.com. We are here to help you navigate the complexities of the legal system and ensure your rights are protected.
