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If You Are the Driver or Owner of a Vehicle Which Is in a Crash

Managing Partner

7 min read
7 min read
If You Are the Driver or Owner of a Vehicle Which Is in a Crash

TABLE OF CONTENTS

TABLE OF CONTENTS

Once you are involved in a car crash, it is important to seek help for any injury you might have sustained, assist other injured passengers, and also gather sufficient evidence from the accident scene to help show that you are not at fault.

Even the most skilled and careful drivers sometimes find themselves in auto collisions, following an accident the most important factor will be for the driver to protect themselves from further injury or harm and guide against any form of liability for the car accident by gathering all necessary evidence from the accident scene that will vindicate them.

The steps you take in treating your injuries, reporting to the police, or seeking compensation following a crash might have a significant impact on determining the maximum amount of compensation you will earn or if you will earn any compensation at all.

Quick Steps to Take Following a Car Crash

Immediately a vehicle crashes, drivers or other passengers of the vehicle are advised to put their safety first, the following are quick steps to take to help protect yourself from further physical injury at the accident scene:

  • Turn on your hazard warning light immediately
  • Pull your car out of the road
  • Use the warning triangle to signal other drivers of the accident scene ahead
  • Check for any form of personal injuries
  • Check for injuries on other accident victims
  • Call emergency services if you or other passengers are injured

Tip
Staying calm after an accident will help you navigate all post-accident activities properly.

General Steps to Take Following a Car Crash

There are two groups of steps to be taken by the driver or owner of a vehicle following a crash, the first group is aimed at keeping you from sustaining further injuries and treating the injuries already sustained, while the second is aimed at helping the no-fault driver to completely escape liability and earn the best possible settlement for the damages suffered from the accident.

The steps to be taken by the drivers or vehicle owners after a car crash to help treat their injuries include:

Move the Car Out of the Road

To avoid traffic congestion, the drivers of the cars involved in the accident are advised to move their vehicles either to the right or left emergency lane while waiting for help to arrive, the side of the road to move the vehicle to is dependent on the traffic laws of the state where the crash occurred.

Place a Warning Triangle

Ideally, your warning triangle is placed at about 300 feet from the scene of the accident, this is to give other oncoming vehicles enough warning of the obstruction ahead, prevent them from unknowingly ramming into the parked vehicles, and divert all oncoming vehicles on that lane to give the emergency team enough room to access the accident scene.

Note
Some vehicles come with warning triangles in their emergency tool kit.

Call Emergency Services

Depending on the severity of the injuries at the accident scene, it is advised to call emergency services for help. While calling emergency services inform them of the number of people injured and ensure to describe the location of the accident as clearly as possible, if you are not familiar with the location, you can use any landmark insight to describe the scene.

Administer First Aid

While waiting for help from emergency services, you could apply quick first aid to the injuries sustained. In the absence of a proper first aid box, you could apply quick first aid solutions like tying a thick cloth around a bleeding wound, putting pressure on an open wound to stop it from bleeding, or administering CPR.

Report to The Police

Once an accident occurs you are mandated to report to the police, in California, you can call 9-1-1 to report to the police or the California Highway Patrol (CHP). For accidents that result in bodily injury, or death you must report to the police within 24 hrs, however, for accidents that result in only loss of property of about $1000 and above, you must report to the DMV within 10 days, this DMV report should be made in addition to any report made to the police.

If you damage someone’s property in the course of the accident who was not present at the scene of the accident or who you could not contact, you must provide your details and the details of such property to the police within 60 hours.

Gather Evidence

As soon as you can, take pictures and videos of the scene of the accident, making sure to focus on skid marks, shattered glasses, blood stains, and as much evidence as is available, do not fail to include other landmarks around the scene of the accident in the pictures and video, this helps show that the accident took place at the spot you reported it to have taken place and can also help corroborate your other pieces of evidence when making a claim at an insurance company or filling a personal injury suit in court.

Contact a Car Accident Attorney

It is advised to contact a highly skilled car accident attorney on time to guide you on how to go about taking evidence of the crash, this is because every type of car has its unique form of evidence needed to correctly determine who is at fault, but not to worry our top rated attorneys at Text Kelvin Accident Attorneys will advise you on the right type of evidence needed to boost your claim and earn you the maximum possible settlement.

Report The Collision To The Insurance Company

Most insurance companies have a timeframe within which a claim should be made following an accident. After putting together all the needed evidence try to make this claim within the stipulated time and if there are no time specifications ensure to do this within a reasonable time.

You can claim settlement from either your insurance company or the insurance company of the owner of the vehicle or the driver, who to claim from is dependent on the facts of each case, but not to worry, our accident attorneys will easily guide you on this.

Exchange Personal Contact Details

After an accident you should to collect the personal contact details of the at-fault driver as well as his insurance details, also endeavor to collect the contact details of other passengers or as many eyewitnesses as are willing to offer theirs, their testimony will help your case should your claims be disputed by the insurance company or in court.

How to Help Other Injured Victims Following a Car Crash

When a vehicle crashes, it is advised for the less injured accident victims to help others with more severe injuries, however, while this is a brilliant idea, the help must be rendered the right way otherwise it will worsen their injuries. In trying to assist other injured victims, keep the following in mind

Do Not Move Injured People

Unless you are a medic or paramedic or have knowledge of medical practice, it is advised to leave injured accident victims in their position, moving them without the requisite knowledge will only worsen their situation.

You can however move them without the required knowledge if there is a need to administer CPR, stop bleeding, or if the vehicle is on fire or about to catch fire. In instances where the accident involves a motorcycle, it is advised to not take off his helmet, the only instance when you can remove his helmet is if he is vomiting.

What do After a Crash if your Car was Driven by Someone Else

If your vehicle was driven by someone else at the time of the accident, the amount of claim to be paid by your insurance company or if they will settle any claims at all will be dependent on factors like:

The Terms of the Policy

The general rule is that motor vehicle insurance covers the vehicle and not the owner of the vehicle, as such, unless the the insurance company expressly states that they will cover liability for vehicle accidents only when it is driven by the owner, they will be liable to pay damages for any accident that occurs as a result of the fault of any driver using the vehicle at the time of the accident whether or not it was the owner.

In instances where the insurance company does not exclude themselves from paying compensation for accidents caused by a driver who is not the owner of the vehicle, they would only settle claims on the policy if the driver was permitted to use the car at the time of the accident.

In certain instances, the insurance company will still not be liable to make payment on claims resulting from an accident caused by the fault of a driver other than the owner of the car even when the driver drives the vehicle with the owner’s permission.

This happens in instances where permission to use the car was granted to someone who is not allowed to drive by law, these groups of people include:

  • Minors
  • Unqualified drivers
  • Intoxicated people and people under drug influence
  • The elderly

Pro tip
Your car insurance premiums will naturally go up after someone else crashes your car because insurance companies will start treating your insurance as high-risk. In cases where the use of the car was not permitted, the insurance company will not be liable to pay any claim at all.

Why You Need for a Car Accident Lawyer Following a Car Crash

One of the most important things to do following a car crash is to seek the services of a highly experienced car accident lawyer to help you navigate the process of earning compensation, an accident lawyer can help you in the following ways.

Collect Evidence

Taking evidence following a car crash is sometimes not as straightforward as just taking pictures and videos of the accident scene, sometimes you may need to pay attention to certain details which may be fatal to your case if absent, for instance, if your vehicle is involved in a crash with a truck, you may have to take evidence to also show that the truck was overloaded, improperly loaded or that certain safety regulations were not followed that led to the crash.

In certain instances you might need to apply to the court to authorize you to get access to the black box recorder of a truck involved in a crash before evidence is tampered with, all of these might be a bit complex, but not to worry our car accident attorneys will help you easily navigate this.

Determine Liability

When a car crash happens it might be as a result of the negligent activities of the drivers, a pedestrian, the road contractor, or the employers of the driver. our skilled car accident lawyers will help you figure out the right person to claim liability from following the crash

Negotiate with Insurance Companies

Following a car crash, it is best to let an experienced accident lawyer negotiate your claim with insurance companies, this way, they will present the right pieces of evidence that will prevent the insurance company from reducing your claim and also help you negotiate the maximum settlement possible,

In truck accidents, the truck, the company, and the driver are sometimes covered by different insurance policies, your lawyer will guide you on which insurance company to claim from and the best settlement amount to claim.

File a Case in Court

The legal process of filing a personal injury suit in court can be very long and complex but don’t worry, if the insurance company disputes your claims and there is a need to file a personal injury suit in court, our car accident lawyers will guide you through the process

How Text Kevin Accident Attorneys Can Help You Navigate Your Car Crash Injuries

We understand that navigating the complexities of getting justice following a car crash may be quite stressful and complex. That’s why our team at Text Kelvin Accident Attorneys are happy to help you navigate this process.

On our team we have highly experienced car crash attorneys with decades of combined professional experience, our team is led by the award-winning personal injury attorney Kevin Crockett. Under his leadership, we have won settlements spanning millions of dollars for accident victims like you and would be happy to help you.

The best part is, that we operate a contingent fee arrangement so you do not have to pay any legal fees, we will only get our legal fees when we win a settlement for you. You can contact us for a free consultation by calling our office or by filling out our contact form. we would love to hear from you.

Kevin received both his bachelor’s degree and law degree from the University of California, Irvine. He is the managing partner of Text Kevin Accident Attorneys and is recognized as a standout in plaintiffs’ litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.

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Kevin received both his bachelor’s degree and law degree from the University of California, Irvine. He is the managing partner of Text Kevin Accident Attorneys and is recognized as a standout in plaintiffs’ litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.

Kevin Crockett

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