It is a great idea to keep a journal following the accident. You should keep notes of how you are feeling, where you’re hurting, the severity and frequency of the pain, and what you remember and recall about the events leading up to and following an accident. Write down the information on any witnesses or potential witnesses, including their names, phone numbers, and addresses, so that we may track them down, if needed. In addition, keep an envelope or a pocket where you can store medical bills, receipts, and medical records. Finally, keep photographs that you have of injuries, property damage, and the accident scene.
How Would a Traffic Infraction Affect My Motorcycle Accident Case?
To prove liability in a car accident case, there are four things that an injured person must prove:
1) A legal duty was owed,
2) A duty was breached,
3) Injuries/Damages, and
4) The breach of duty was the legal and actual cause of the injury. Proof that a driver was cited for a traffic violation in connection with the accident will go a long way toward establishing that a duty was breached.
What Are the Top Concerns that People Have When They Retain You for a Motorcycle Accident Case?
You might be concerned about how you are going to pay for the litigation so that you can be compensated for your personal injuries. The answer to that is that you don’t need to worry, because your personal injury case would be taken on a contingency basis, which means you don’t have to pay any legal fees upfront.
Another concern that you might have is if you don’t have any insurance, how you are going to be able to obtain the medical treatment that you need. In these situations, we are able to refer you to doctors who would be willing to take on your treatment and accept payment on a medical lien, so that you don’t have to pay for your medical care immediately as the payments would be paid pending the resolution of your case
What Are Some Unintentional Mistakes that Can Hinder a Favorable Outcome for a Claim?
You don’t want to enter into discussions with the other driver involved in the accident to make statements at length about who’s at fault or who’s not at fault. Your statements can compromise the case in ways that are sometimes irreparable, in example, if you have made an admission of your responsibility for the accident. In short, it is ill-advised for anyone to enter into these types of discussions shortly following an accident without the assistance of an attorney.
Additionally, not seeking medical treatment after an accident is a big factor that will adversely impact or affect your ability to make a strong claim for compensation. If you are not injured, why are you looking for compensation for your injuries? If you did not receive any medical treatment, how can you say that you were injured? In short, no medical treatment means that you had no injuries. And, no injury means that there are no damages, which will result in your not receiving compensation.
Another common mistake involve trying to resolve the matter on your own to avoid having to report an accident to the police, DMV, and insurance companies. Problems often result because you have two strangers dealing with each other after an accident for the first time, and you have no idea if the person is insured or not insured, and cannot be certain as to whether the person who’s making promises to make and/or pay for repairs is actually going to follow through with their promise.
Furthermore, if someone’s involved in an accident, they should remain on the scene of the accident until the police arrive and conduct their investigation. At that point, then if they are excused, they may leave the scene of the accident. Otherwise, if a person prematurely leaves the accident scene, they expose themselves to the possibility of later getting charged with a hit and run.
If the Insurance Company is Calling and Demanding a Statement, What Should I do?
It depends on who’s asking for the statement. If it’s your insurance company asking for a recorded statement, then you want to cooperate and give your insurance company that statement. However, if it’s the insurance company for the other driver, you should absolutely refuse their request for a recorded statement.
For more information on Keeping a Journal After an Accident, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.