Basic Accident Guidelines (In Relation To Accident Injury Law)
The most common application of the accident injury law is in car accidents. The law provides for ways to compensate a victim and punish the party at fault. While there is a general federal law for auto accidents, each state has imposed their own individual laws.
It does not matter whether an injury results from the accident or not, the following steps should be followed by any party seeking to eventually put in a claim either against the other party or against an insurance company. These steps are required by law in order for the lawful and efficient settlement of any car accident claims.
1. Remain at the scene of the accident involving injury or damage to property, such as your car, until the authorities arrive and indicate that you may leave. Leaving the scene could turn the favor against you, even if the other party is responsible for the accident. It may even lead to being brought up for criminal charges.
2. Make sure any injured person is given help, but do not attempt to move that person. Report the accident to the police and inform then that someone had been injured so they can call for a paramedic. Turn on flashers to mark your spot and warn oncoming vehicles that the area is the scene of an emergency. 3. Get the other driver’s information such as the address and license number. Ask for details and type of the insurance, if any and note the license plate number of the vehicle. If there are witnesses to the accident, get their relevant information as well. Ask the responding police officer for an incident number written at the back of a business card, so it will be easy to get an accident report. Jot down whatever information about the location of the accident, including weather conditions i.e. raining, time of day and speed limits. Of the accident itself, note the direction of travel as well as the angle of the collision. 4. Whatever happens, do not admit you are in the wrong until you know all the facts of the accident. It may be that both parties are at fault to some degree, but admitting culpability will let the other driver off the hook with no need to defend his actions under accident and injury law. Avoid discussing the accident with anyone before the police arrive, and recount only facts. Avoid name-calling or personal remarks. 5. Medical attention is a requirement of the no fault insurance law in many states, including Michigan, in order to make a claim. Failure to seek medical care immediately after the accident will give the insurance company a loophole to reject the claim on the grounds that any injuries may have occurred at any other time but the accident. In the case of a lawsuit against the other party, it will also be necessary to establish that the injuries were a result of the accident. Seeing a doctor may also reveal injuries that may not be immediately apparent, or the extent of which is underestimated. Brain injuries, for example, may present only as disorientation or nausea, but such an injury may have long-term consequences which you want to know about quickly. If the other party was driving a commercial truck, this could be called “negligence” since they are driving under conditions of professional capacity. And because it is a commercial vehicle, the liability does not rest on the driver alone, but may involve the trucking company, employers and insurance companies in any claim for compensation for injuries. The ramifications of the law concerning commercial vehicles are numerous, so it would be best in this situation to consult a lawyer after the previous steps have been followed. Any claim for personal injury or negligence under accident injury law must be vigilantly safeguarded.
Motor Vehicle Accident
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