What to Do After a Motor Vehicle Accident

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

It is 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 are here to guide you through the crucial steps to take after a motor vehicle accident. When you are 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 formidable reputation for our integrity, proven track record, and dedication to our clients. Our settlements and verdicts on behalf of injury victims total 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.
• Conversations at scene: Be careful what you say at the accident scene. Avoid saying anything that could be misinterpreted as admitting fault, as this could be used against you later. Sometimes, who caused a collision may not be readily apparent until further investigation is done.
• Get medical attention: Seek a thorough medical evaluation to identify any injuries that are not 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 is still important to remain vigilant about protecting yourself and your legal rights. Key steps include:

• Notify your insurance company: Report the motor vehicle accident to your own insurance company promptly. Stick to the facts and avoid speculating about fault or injuries.
• Keep detailed records: Start a file to organize all documents related to the accident. This should include:

1. Medical bills and records.
2. Receipts for all out-of-pocket expenses.
3. Documentation of lost wages.
4. Repair estimates for vehicle damage.
5. Correspondence with insurance companies.

Remember the goal of the insurance company representatives is to minimize their payout. Do not give recorded statements or accept quick settlement offers without consulting a lawyer. Talk to an experienced lawyer who can advocate for you, allow you to focus on recuperating from your injuries, and spare you the aggravation of trying to negotiate with an insurance company or opposing party.

Make sure to focus on your health, schedule and attend every doctor and therapy appointment, and avoid talking about your accident and injury on social media.

Always be mindful of court dates for the negligent driver involved in the accident and 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. Martin Law, LLC, can help you navigate each of these steps as you focus on healing.

Motor Vehicle Accidents FAQ

If you have recently been injured in a car accident somewhere in Chicago or the surrounding area, you have a lot of questions about how personal injury law works in Illinois. Here are some examples of the most 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 damage you can prove you experienced because 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 not be able to pursue a claim, regardless of the strength of your case or the severity of the injuries involved. Note: There are different rules for minors injured in collisions.

While two years may seem like a long time, you should not delay getting started. The longer you wait, the harder it is to build a persuasive case, which means you could miss 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 are 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 the jury verdict is $100,000, the judge will reduce the award by 10% to $90,000.

What if the other driver has insufficient insurance to cover the injury or damage I have suffered?

In some instances, your own health insurance or uninsured motorist (UIM) coverage may also come into play, especially if the driver at fault lacks sufficient insurance. Dealing with multiple insurance carriers can complicate the claims process, making it even harder to obtain fair compensation.

Talk to Our Lawyers About Next Legal Steps

You have 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.