Common Mistakes to Avoid After a Car Accident
October 16, 2024
Car accidents can be a jarring experience, leaving individuals unsure of what to do next. Whether it’s a minor fender bender or a serious collision, the steps you take immediately following the crash can significantly impact your car accident claim. Avoiding common mistakes can help ensure you’re compensated fairly for any injuries or damages.
This blog will highlight the most crucial missteps to avoid after a car accident, helping you protect your rights and strengthen your personal injury claim.
1. Failing to Gather Critical Evidence at the Scene
One of the biggest mistakes you can make after a car accident is neglecting to gather essential evidence. If you’re physically able, documenting the accident scene is vital for your car accident lawyer to build a strong case.
What Photos Should You Take?
- Damage to all vehicles involved: Ensure that you capture multiple angles of all vehicles involved, focusing on visible damage. This can help establish the severity of the accident.
- License plates and car make/models: These details help with identifying the involved parties if there’s a dispute.
- Road conditions and surroundings: Document any skid marks, road hazards, or environmental factors (like weather) that could have contributed to the crash.
- Traffic signals or signs: A clear photo of the traffic control devices can prove critical if one driver ignored a signal or stop sign.
Having these photos will not only help your car accident lawyer in New Jersey build a stronger case but also serve as invaluable evidence should the case go to trial.
2. Admitting Fault at the Scene
After an accident, it’s common to feel shaken, confused, and even guilty, but it’s critical not to admit fault, even if you believe you may be partially responsible. New Jersey operates under a comparative negligence rule, meaning your compensation can be reduced by your percentage of fault. Admitting fault could negatively impact your car accident claim and could be used against you later by insurance companies or in court.
What Should You Say?
- Stick to the facts: Only discuss the basic facts of the accident when speaking with the police or other drivers. You can explain what happened without assigning blame.
- Let your lawyer handle liability discussions: A personal injury lawyer will handle any legal arguments regarding fault and protect your interests throughout the process.
3. Not Seeking Immediate Medical Attention
Another common mistake after a car accident is delaying medical treatment. Even if you feel fine, some injuries, such as fractures, concussions, or soft tissue damage (like a torn ligament in the knee or shoulder), may not show symptoms right away. Failing to seek prompt medical attention not only puts your health at risk but can also hurt your personal injury claim.
Why is Immediate Medical Attention Important?
- Protects your health: A fracture in the hand, for instance, may be overlooked initially but could worsen without proper treatment, affecting your ability to work or perform daily tasks. Similarly, a concussion might not cause immediate symptoms but could lead to chronic headaches or memory issues.
- Establishes a medical record: Medical documentation will be necessary to demonstrate the full extent of your injuries. If you delay treatment for a torn rotator cuff after the accident, the insurance company might argue that the injury wasn’t serious or wasn’t caused by the accident.
After any car accident, make sure to visit a doctor and follow their recommended treatment plan. If you’re unsure where to seek medical help, your attorney can suggest specialists in New Jersey who treat car accident injuries like concussions, fractures, and soft tissue damage.
4. Not Reporting the Accident to the Police
In New Jersey, you’re legally required to report an accident if there are injuries or significant property damage. Failing to report the accident is a mistake that can severely hurt your claim. Without an official police report, it may become difficult for your car accident lawyer to prove the facts of the case or establish liability.
What Information Will the Police Report Include?
- Details of the drivers and vehicles involved
- Descriptions of the accident and road conditions
- Statements from both drivers and any witnesses
- Any citations or charges filed at the scene
This official documentation is crucial in supporting your car accident claim and strengthening your personal injury lawyer’s case.
5. Accepting an Insurance Settlement Too Soon
Insurance companies may offer you a quick settlement after an accident, but accepting this initial offer without consulting a personal injury lawyer is a mistake. These early settlements are often much lower than what your claim is truly worth, especially if future medical treatments or long-term injuries haven’t been fully assessed.
Why Should You Avoid Settling Early?
- Hidden costs: The full extent of your injuries may not be immediately apparent. A settlement should cover not only current medical bills but also future treatments, lost wages, and pain and suffering.
- No going back: Once you accept a settlement, you typically forfeit the right to pursue any additional compensation. This can leave you with significant financial burdens if your injuries turn out to be more serious than initially thought.
Before accepting any settlement, consult a car accident lawyer who can accurately evaluate the value of your claim and negotiate with the insurance company on your behalf.
6. Ignoring Legal Deadlines
In New Jersey, there are strict legal deadlines (statutes of limitations) for filing a personal injury claim after a car accident. Missing these deadlines can result in your case being dismissed, leaving you without compensation for your injuries
What Are the Key Deadlines?
- Personal injury claims: In New Jersey, you typically have two years from the date of the accident to file a personal injury lawsuit.
- Property damage claims: For property damage, the time frame may differ, so it’s essential to consult with a lawyer promptly.
A car accident lawyer will ensure that all legal deadlines are met and that your case is filed on time, helping you avoid the risk of losing your right to compensation.
Contact the Personal Injury Lawyers at Hartman Duff to File a Car Accident Claim in New Jersey and Get the Justice You Deserve
If you or a loved one has been injured in a car accident, you deserve more than just basic legal help—you need compassionate, aggressive representation. At Hartman Duff, we understand how life-altering an accident can be, and we’re here to fight for your right to full compensation. Don’t let insurance companies undervalue your claim.
Let us handle the legal battle while you focus on recovery. Call us today at 609-853-5579 or fill out our online contact form to schedule your free consultation.