Children account for 3% of all traffic accident fatalities, with 1,129 deaths in 2022 and 156,502 injuries. Understanding the necessary legal steps after a car accident with your children is crucial to protect your family’s rights and ensure you receive fair treatment and compensation. Acting promptly and correctly can make a significant difference in the aftermath.
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Prioritize Safety and Health
Your first priority after any collision is the safety and health of everyone involved. Assess yourself and all passengers, especially children, for any injuries. Move vehicles out of traffic if you can, to prevent further accidents. Turn on hazard lights. If vehicles cannot be moved, ensure everyone stays inside with seatbelts fastened until help arrives, unless staying in the vehicle poses an immediate danger.
Ensure everyone involved gets a medical check-up as soon as possible, even if they feel fine. Car accidents are the primary cause of 3 million whiplash injuries each year, which costs the economy $3.9 billion.
Delaying treatment can be used by insurance companies to argue injuries weren’t serious or related to the crash. To avoid these kinds of tactics and protect your rights from the start, it’s wise to speak with a qualified car accident lawyer as early as possible.
Document Everything at the Car Accident Scene
Accurate documentation is vital evidence. Always report the accident to the police, even if it seems minor. An official police report provides an objective account of the incident, often including diagrams, witness information, and the officer’s initial assessment of fault. Obtain the officer’s name, badge number, and the report number.
Do not apologize or admit fault, even if you think you might be partially responsible. Liability can be complex, and initial assumptions may be incorrect. In Florida, for example, if the person injured is 50% responsible or less, they can claim damages, but 51% or more, they can’t.
Notify Insurance and Understand Your Policy
Prompt communication with insurance companies is necessary but proceed with caution.
- Report to Your Insurer: Notify your own insurance company about the accident promptly, often within 24-48 hours, as required by most policies. Provide factual details but avoid speculation.
- Be Cautious with Other Insurers: You are generally not obligated to give a recorded statement to the other driver’s insurance adjuster immediately. Their goal is often to minimize their payout. It’s wise to consult with an attorney before providing detailed statements or accepting any settlement offers from the other party’s insurer.
Consult a Car Accident Attorney
Navigating the legal aftermath of a car accident, especially with injuries involved, can be complex.
Contact a car accident lawyer. An attorney is crucial. An attorney protects your family’s rights by handling communication with insurance companies, gathering and preserving crucial evidence (like surveillance footage or expert analysis), evaluating the full extent of damages (including future medical costs and lost income), negotiating a fair settlement, and representing your family in court if necessary. Their involvement ensures you are not taken advantage of during a vulnerable time.
Maintain a file containing all accident-related documents: the police report, medical bills and records, repair estimates, communication logs with insurance companies, photos, and witness information. This organized documentation strengthens your position during negotiations or legal proceedings.
By taking these legal steps, you can better navigate the challenging period after a car crash, ensuring your family’s physical, emotional, and financial well-being is protected.
