Tennessee Car Accident Attorneys Discuss What to do after a Car Accident

One of your worst fears comes true: You’re in a car accident.  This unfortunate truth happens approximately 5.25 million times a year in the United States.  The first and most important thing you need to always remember is to stay calm.  Be polite and courteous to the other driver no matter how upset you may be or how intentional or reckless they may have been to cause the crash.

Initially at the Scene

Always call the police, no matter how much the other party insists the police do not need to be called.  If they begin to drive away, try to write down or take a photo of their license plate if you can.  Even a photo of just the vehicle will sometimes suffice.  When the police do arrive, be courteous and appreciate to them as well.

If anyone is injured or appears dazed, confused, or even acting out of the ordinary—even if they have no visible trauma signs—call an ambulance immediately.  Not all injuries are observable and some of the worst injuries, such as traumatic brain injuries, may not be easily observed.

Whether the police are there or not, if the other driver is cooperating with you (which is the norm), get the following information from them:

• Name;
• Address;
• Driver’s license number;
• Plate number;
• Insurer;
• Verify the location of the accident so you are both in agreement;
• Accurately record the date and time; and
• Look for any witnesses and get their name, phone number, and address.

The police will help the parties exchange this information too.  In addition, make sure to get the responding officer(s) name, department, badge number, and an accident report number.  If the other party is ticketed, get the ticket identifier.

When the officer(s) ask for statements, do not admit any allegations that would incriminate yourself such as “I was not looking” or “I guess I was going too fast.”  While this may seem obvious, the fast majority of drivers feel compelled to admit responsibility—at least partially—when there is a traumatic event.

While most of our cell phones and portable electronic devices have cameras, you should also keep a single use camera in your car in case your cell phone or device runs out of battery or is damaged in the collision.  Before any of the motor vehicles are moved, and as practicable given the injuries, traffic conditions, and location of the incident, take photos of the following aspects:

• All four sides of both motor vehicles;
• Of the collision itself (how the cars ended up);
• A picture down the road where you came from and another where you were going;
• A picture down the road where the other car came from and another where he or she was going;
• Any signs in the area;
• Any traffic lights in the area;
• Of any weather conditions on the roadway such as ice, snow, sleet, etc;
• Of any defective roadway conditions that may have caused the accident such as cracks, potholes, raised manholes, debris, etc;
• Any injuries sustained by any party (as long as this is responsible to do so); and
• Of the other party’s license plate.

If Injured at the Scene

If you or a loved one is injured at the scene of the accident, again: Call for emergency help immediately.  When first responders arrive, make sure you tell them where you are hurt.  Don’t be a hero!  If you have any pain, get it checked out immediately.  Some injuries such as closed-head injuries, muscle strains, fractures, or even slipped disks may not manifest themselves with pain immediately following the incident.

This could be because you are under an adrenaline rush after an accident, but also because these types of injuries will cause swelling which can create further injury.  In addition, injuries such as internal bleeding or organ damage can cause absolutely no pain until the pressure builds up or it is too late.

If there is a bleeding injured, use whatever you can to cover the injury and apply pressure.  Make sure to alert first responders both on the phone and when they arrive there are victims bleeding at the scene.

Even if you have no injuries, soreness may likely set in after a few days.  While this may be normal, you should go see your primary care physician after a Tennessee car accident.  Your health is the most important thing and car accidents can have a severe and invisible toll on your body.

Contacting Insurance

Make sure you immediately report the incident to your insurance company.  Almost all insurance companies require you to get approval from them before they repair your car.  If they ask for your account of the accident, do not admit any factors that would contribute to your fault.  In fact, if there were any injuries in the accident, you should contact an experienced Tennessee car accident attorney to represent you.

This is because your insurance company and the other driver’s insurer will act like your friend.  They will check in on you and talk to you like they have known you forever.  It well be endearing, but don’t let it become disarming.  The truth is that insurers want to mitigate the amount they owe to you by getting you to admit to incriminating facts such as you were speeding, or you were dozy, or the sun was in your eyes.  Do NOT admit to anything on the phone.  Let our trained and experienced attorneys speak on your behalf to protect your rights.

Most importantly, never sign any documents that are labeled “Release” or “in full satisfaction of all claims” without talking to a Tennessee personal injury attorney.  This may likely prohibit you from seeking further recovery.

Contacting an Attorney

Under Tennessee law, 28-3-104 governs the statute of limitations for personal injury torts and prescribes that you only have one (1) year from the date of the accident to recover for injuries caused in a Tennessee car accident.  There are very few exceptions to this one (1) year limitation which can include children and incompetent persons.  This is an incredibly difficult timeframe to meet and requires you to immediately speak with an experienced attorney to protect your rights.

Here are Bailey and Greer, PLLC our Tennessee car accident attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.  Remember, you only have one year from the date of the accident to commence your action to recover compensation.