Posted in Car accident
The last thing you ever thought could happen while you’re on vacation has happened: a car accident. Below, a car accident lawyer shares what you should do if it happens to you. You’ll learn about:
- Fault or liability
- Jurisdiction
- What you should do after the accident
Our hope is that by sharing this information, you can have a safer summer vacation. Let’s learn more!
Liability
If you have an accident, liability will then need to be determined. Liability is often determined first by the attending police officer or Highway Patrol officer. An insurance company may also be involved in determining liability.
There are several elements that must be fulfilled to determine liability. They include:
- A legal duty existed. For example, drivers have a legal duty to stop fully at a stop sign.
- The legal duty was breached. For example, a driver does not stop at the stop sign.
- An actual injury occurred because of the breach. While it’s illegal to ignore a stop sign, for liability in an accident to exist, there must be an actual injury that occurred when the driver did not stop. For example, property damage occurred because of the ignored stop sign. There may be some medical concerns because of the accident, too.
- The “but-for” test is passed. But for the driver ignoring and running the stop sign, they wouldn’t have hit another vehicle causing property damage and physical injury to another person.
Jurisdiction
If you have a personal injury claim because of an accident on vacation, jurisdiction can be tricky as our friends at Herschensohn Law Firm, PLLC can share. Where jurisdiction will fall depends on several factors, including that you aren’t from that state and you have a certain dollar amount as a claim. If that’s met, then you may have a federal case. Otherwise, jurisdiction remains with the state where the accident occurred.
What You Should Do After The Accident
If you’re in a car accident, here is what you should do — this is both good for vacation accidents and regular, every day car accidents:
- Stay calm. Do your best to keep calm so that the responding police or Highway Patrol can help get you through the process.
- Call 911. This will send out a law enforcement officer and emergency medical.
- Don’t apologize. Even if you think it’s just common courtesy, your apology could be construed as accepting liability for the accident.
- Trade insurance information. Don’t forget to also trade contact information that is up to date.
- Document the scene if you can. Doing so can be very helpful as you get through the claims process. Take pictures of injuries, vehicle damage, and road conditions.
- Get evaluated by a doctor. Even if you don’t think you’re seriously injured, you should at least get checked out at an urgent care facility. This will help strengthen any personal injury claim you may have.
- Contact an attorney who has experience with these types of car accidents. An experienced attorney can help you successfully file your claim and help you deal with the insurance company!
