What to Do Immediately at the Scene
Stop, Stay, and Assess the Scene
If your vehicle is drivable and obstructing traffic, move it to the nearest shoulder or safe location to prevent secondary collisions. Turn on your hazard lights immediately. If you have road flares or triangles and can deploy them safely, do so to warn oncoming drivers.
If your vehicle isn’t safe to drive or you are unable to move it, stay inside with your seatbelt fastened until help arrives, unless you smell smoke or see fire. Being outside a vehicle on a busy roadway is extremely dangerous.
Calling 911 Is Always the Right Move
In many states—including Arkansas, Missouri, and Oklahoma—you are legally required to report accidents involving injury or significant property damage. But beyond the legal requirement, a police report will serve as an essential piece of independent evidence if you choose to take legal action against the at-fault driver and their insurer.
If the police cannot respond to the scene (which can happen in some jurisdictions during severe weather or high call volumes), you must go to the nearest police station to file a report as soon as possible. Be sure to ask the officer for the report number so you can obtain a copy later.
Get Checked Out, Even If You Feel Fine
Check yourself and your passengers for injuries. Remember, adrenaline is a powerful painkiller. You may have sustained whiplash, internal bleeding, or a concussion without immediately feeling severe pain. If you are hurt, don’t try to be tough or brush it off. Refusing medical attention at the scene is a common mistake that insurance companies often use later to argue you weren’t truly hurt. When Emergency Medical Technicians (EMTs) arrive, be honest about every symptom, no matter how minor it seems.
Even if you feel fine, remember there’s always a chance you’ve suffered injuries that aren’t yet apparent. It’s a good idea to get checked out at the ER or an urgent care center, no matter how well you feel at the moment. You ensure any injuries you sustained are appropriately treated, and you’ll have a record tying them to the crash. If you aren’t seen until an injury becomes apparent within a day or two, the insurance company could use even that brief delay to question whether the crash actually caused it.
Interacting With the Other Driver
You are required to exchange specific information with the other driver:
- Full name and contact information
- Insurance company name and policy number
- Driver’s license number
- License plate number and vehicle make/model
Keep the interaction brief, polite, and strictly factual. Many people reflexively apologize after a crash, regardless of whose fault it was. Resist that urge. Phrases like “I’m so sorry” or “I didn’t see you” can be twisted into admissions of fault.
If the other driver is aggressive, refuses to share information, or seems impaired, return to your vehicle, lock the doors, and wait for the police. On the other hand, if they come across as apologetic and friendly and suggest you “settle this without insurance” to keep rates down, do not agree to this. Protect yourself by documenting everything and following official procedures, regardless of how cooperative the other driver appears.
Preserving Evidence Before It Disappears
Photographing and Recording the Scene
Your smartphone is your best tool for preserving evidence. Take photos of everything, including:
- Damage to all vehicles: close-ups of scratches and dents, and wide shots showing the point of impact.
- The environment: skid marks, shattered glass, weather conditions, traffic signs, and road hazards.
- Injuries: visible cuts, bruises, or airbag burns.
- Context: the position of the cars relative to the lane markers and intersection.
Photos taken immediately after an accident carry much more weight than photos taken days later. Any debris left by the crash will likely be cleaned up within hours, vehicles will be towed, and road conditions could change drastically in a relatively short period.
Witnesses and Third-Party Evidence
Independent witnesses are incredibly valuable from a legal standpoint, as they have no stake in the outcome. If people stopped to help, ask for their names and phone numbers. A neutral third party confirming your version of events can stop an insurance company from denying liability.
Also, look around for surveillance cameras. Nearby businesses, traffic lights, or doorbell cameras on residential streets may have recorded the crash. Note their locations, so your attorney can request the footage before it is deleted.
Documenting Your Recovery and Losses
Your medical records tell a clinical story, but they don’t capture how the injury affects your daily life. Keep a recovery journal where you can detail:
- Pain levels on a daily basis.
- Activities you can no longer do (e.g., picking up your kids, exercising, sleeping comfortably).
- Missed work days and lost income.
- Out-of-pocket expenses like co-pays, over-the-counter meds, and travel costs to appointments.
Memory fades quickly. A journal provides concrete evidence of your pain and suffering when it comes time to negotiate a settlement.
Dealing With Insurance Companies
Reporting the Crash to Your Own Insurer
Notify your insurance company as soon as possible. Most policies have strict deadlines for reporting accidents. Stick to the basic facts: where it happened, when it happened, and who was involved.
Contact from the Other Driver’s Insurer
You will likely receive a call from the at-fault driver’s insurance adjuster soon after the crash. They may sound friendly and concerned, but remember: their goal is to pay you as little as possible. They may offer a quick settlement check to “help with bills.” Do not sign anything and do not accept payment without legal advice. These early offers are almost always far lower than the actual cost of your medical care and lost wages. You may not yet understand the true extent of your injuries or how they’re going to impact your ability to earn a living or the quality of your life. Once you settle, your case is closed forever. You cannot ask for more money later if your injuries turn out to be worse than expected.
Common Mistakes to Avoid After a Crash
In the days, weeks, and months that follow the crash, you need to make a conscious effort to avoid common mistakes that could raise questions about your injuries and doubts about your credibility:
- Failing to follow all medical advice:Â Missing follow-up appointments, not filling prescriptions, or ignoring your doctors’ restrictions suggests your injuries aren’t real.
- Posting on social media:Â Photos of you smiling at dinner or “checking in” at the gym can be used to argue you aren’t hurt, or your injuries aren’t as severe as claimed. Stay off social media until your case resolves.
- Waiting too long to seek legal advice:Â Evidence disappears, and memories fade. The sooner you contact one of our experienced personal injury attorneys, the sooner we can take the necessary steps to preserve the evidence needed to prove your claim.
- Assuming insurance will “handle it fairly”:Â Insurance is a business. The at-fault driver’s adjuster has one goal: saving the company money, even if that hurts you and your family.
After the Crash: We Can Help Get You on the Road to Recovery
After a motor vehicle crash, you need a tenacious advocate with the knowledge and experience to take on the at-fault driver’s insurance company and its high-powered legal team and fight relentlessly for the compensation you deserve.
We can level the playing field. Our Arkansas personal injury lawyers have won millions in verdicts and settlements for our clients, and they understand how insurance companies work and they know how to make them pay.
Contact Caddell Reynolds Law Firm at 800-671-4100 or online for a free, no-obligation case review. We’ll listen to your story, determine if you have a valid claim, and help you understand your options so that you can make the right decisions for you and your family.
