What To Do After A Motor Vehicle Accident

Last updated on September 5, 2024

Accidents can happen in the blink of an eye. One moment, everything seems normal, and the next, your life is turned upside down.

It’s normal to feel confused about what to do next and how to protect yourself. At Martin Law, LLC, we understand the chaos and stress that follow a car crash or other vehicle accident. We’re here to guide you through the crucial steps to take after a motor vehicle accident. When you’re ready to talk to a lawyer about your legal options, you can turn to us.

Our father-daughter legal team has decades of combined experience fighting for injury victims both in and out of court. We have built a strong reputation for our integrity, proven track record and dedication to our clients. Our settlements and verdicts on behalf of injury victims total many millions of dollars. Based in Arlington Heights, we serve injured individuals across Chicago and all of Illinois.

Immediate Steps To Take After A Motor Vehicle Accident

Take these steps to protect yourself at the accident scene and immediately afterward:

• Check for injuries and call for help: Your health and safety are the top priorities. Immediately after an accident, check yourself and others for injuries. Call 911 if anyone is hurt; otherwise, call the police nonemergency line to get law enforcement personnel on the scene. A police report can play a critical role in documenting the accident.
• Take photos of the scene: If you can safely do so, use your phone to take photos of the accident scene. Focus on damage to the vehicles, road conditions and injuries. These photos can serve as key evidence in legal and insurance proceedings.
• Exchange contact information: Collect contact and insurance information from other drivers and get contact information from any witnesses.
• Don’t admit fault: Be careful what you say at the accident scene. Avoid apologizing or admitting fault, as this could be used against you later.
• Get medical attention: Seek a thorough medical evaluation to identify any injuries that aren’t immediately apparent. A prompt and thorough medical report can play a critical role in your claim for compensation.

While the crash can seem like a whirlwind, staying as clear-headed as possible can lay the groundwork for an easier path forward.

Steps To Take In The Days And Weeks Following A Motor Vehicle Accident

Once the dust has settled from the crash, it’s still important to remain vigilant about protecting yourself and your legal rights. You can do that by:

• Notifying your insurance company: Report the motor vehicle accident to your insurance company promptly. Stick to the facts and avoid speculating about fault or injuries.
• Keeping detailed records: Start a file to organize all accident-related documents. This should include:
  • Medical records and bills
  • Receipts for any out-of-pocket expenses
  • Documentation of lost wages
  • Repair estimates for vehicle damage
  • Any correspondence with insurance companies

• Being cautious about speaking with insurance adjusters: Insurance adjusters may contact you, and it’s important to remember that they are not on your side. Their goal is to minimize their payout. Don’t give recorded statements or accept quick settlement offers without consulting a lawyer.
• Talking to a car accident attorney: An experienced lawyer can advocate for you, sparing you from having to deal with insurance companies or opposing parties on your own.
• Focusing on recovery: While addressing legal and insurance issues is important, your primary focus should be on healing. That’s another advantage of an attorney – they can handle the legal issues and insurance headaches so you can take care of yourself. Follow your doctor’s instructions and attend all recommended follow-up appointments.
• Steering clear of social media: Avoid posting about your accident or injuries on social media. Insurance companies may use your posts to dispute your claim.
• Be Mindful of Court Dates: It’s crucial to be aware of any court dates for the negligent driver involved in the accident. Plan to attend these court proceedings. If the officer who issued the ticket or the complaining witness does not appear, the judge may dismiss the ticket. Your presence as a witness can encourage the ticketed driver to plead guilty, making that plea admissible in the civil proceeding. This can significantly strengthen your case.

Motor Vehicle Accidents FAQ

If you have been recently injured in a car accident somewhere in Chicago or the surrounding area, you probably have a lot of questions about how personal injury law works in Illinois. Here are some examples of the most commonly asked questions we get about motor vehicle accidents. You can always feel free to reach out to us with additional questions and concerns.

Is there a limit on how much I can recover?

There is no law capping the damages a personal injury plaintiff can claim, including for pain and suffering and punitive damages. The only limit is the nature and extent of the injuries and other damages you can prove you experienced as a result of the other driver’s negligence.

How long do I have to file a claim?

The Illinois statute of limitations sets a general deadline of two years from the date of the accident to file a personal injury lawsuit related to a car accident. After that, you will likely not be able to pursue a claim, regardless of the strength of your case or the severity of the injuries involved.

While two years may seem like a long time, you shouldn’t delay getting started. The longer you wait, the harder it is to build a strong case, which means you could miss out on significant compensation.

What if I am partly at fault for the wreck?

Illinois is a contributory negligence state. This means you can recover damages for your injuries if the jury finds you were no more than 50% responsible for the accident. However, the amount of damages rewarded is reduced by the percentage of fault you are assigned. For example, if the jury finds the defendant was 90% at fault and you were 10% at fault and awards you $100,000 in damages, the award would be $90,000.

Talk To Our Lawyers About Next Legal Steps

You’ve already been through enough. Let our attorneys shoulder the burden of the legal and insurance process. Call 847-261-4995 or send us an email to get started with a free consultation.