Even the most vigilant drivers in California can be involved in motor vehicle accidents, and the actions they take in the moments following a crash can either help or harm their chances of pursuing civil remedies successfully. Motorists may try to calm the situation and prevent tempers from flaring, but honesty is rarely the best policy following a crash.
Determining blame and assigning liability should be left to law enforcement, the courts and insurance companies, and auto policies usually include provisions that prevent policy holders from muddying the waters by accepting responsibility. Checking for injuries and contacting the emergency services is the first thing that drivers should do after crashing, and the police should be notified even if only property was damaged. Motorists can then begin to gather important information such as the names of any eyewitnesses.
Drivers should also use their cellphones to take photographs of the accident scene. These images can be used to establish the prevailing weather and road conditions and could help car crash investigators to determine the sequence of events. Emotions at accident scenes often run high, and motorists may be wise avoid confrontations with belligerent individuals and wait instead for the police to arrive.
Most car accident lawsuits are resolved before they go to court, and the information gathered by car accident victims can be crucial during settlement negotiations. However, motorists are sometimes too shaken following a crash to collect important evidence, and police reports are sometimes scant when the damage is minor and no road users have been hurt. In these situations, experienced personal injury attorneys may visit accident scenes to find witnesses who may not have not have spoken to the police or security cameras that could have captured the events as they unfolded.