Protecting your rights as a car accident victim involves prioritizing your safety and contacting 911 or the police for help. Just as important is not admitting fault, documenting the incident, seeking medical evaluation, and contacting the right parties (insurance and legal counsel).
Taking all these personal and legal protection steps is critical to preserving your rights as a victim, helping ensure you receive fair compensation. It can also minimize your risk of getting unfair blame and experiencing insurance bad faith practices.
You don't want your rights or claims trampled on, as the cost of motor vehicle-related injuries can be hefty. The National Safety Council says that, in 2024, the average economic cost of an evident injury was $45,000, which jumped to $174,000 for a disabling injury.
What Does Being an Accident Victim Mean?
The term "accident victim" often refers to a person harmed by someone else's negligence or liability. In car accident cases, they can include individuals who suffer physical, emotional, mental, or financial harm as a result of the collision, such as:
- Drivers
- Passengers
- Pedestrians
- Cyclists
Many people in the U.S. find themselves victims of car crashes every year, considering these incidents' prevalence. Per the National Highway Traffic Safety Administration, some 6 to 7 million crashes are reported to the police yearly.
What Are Possible and Common Injuries a Car Accident Victim May Sustain?
Bruises, scratches, and scrapes are common injuries a car accident victim may sustain. The more severe the incident is, however, the more likely it is to cause more serious injuries, such as:
- Deeper cuts and lacerations
- Whiplash injuries
- Shoulder impingement
- Dislocated bones and fractures
- Burns
- Internal organ injuries
Many car crash injuries are immediately visible following the collision (e.g., cuts, lacerations, and burns). Others, like whiplash and internal organ damage, can remain "hidden" for some time, with their symptoms not showing up right away.
An example is a traumatic brain injury (TBI), a type of internal organ injury. As explained by the National Institute of Neurological Disorders and Stroke, a secondary TBI can occur gradually, happening within days or weeks after the initial head trauma.
How Can You Protect Your Rights After a Car Accident?
If you (or someone you care about) ever find yourself being a car accident victim, prioritize your safety and legal rights by stopping or, if possible, maneuvering your vehicle to the side, away from incoming traffic. Then, proceed with the following steps.
Check for Injuries
As soon as you're in a safer location, check yourself for any injuries that you can see or feel. Have your passengers do the same. If everyone in your car is okay, ask the other parties involved if they have any injuries and need help.
Call 911 if there's anyone with visible wounds, has fainted, or isn't responding at all. You should also call emergency services if the crash is undeniably serious, such as if one or more of the damaged vehicles leak fuel or have rolled over, or if someone has gotten trapped and can't get out of their car.
Call the Police
If you call 911 for a serious car accident, the operator will coordinate with and dispatch the appropriate police unit to your location. If there's no need to dial 911, you should still consider contacting law enforcement, as they can help through:
- Incident and injury documentation
- Filing an official police report
- Assessing hidden damages or injuries
- Enforcing compliance and peace
- Assisting in the exchange of pertinent information (e.g., drivers' information, contact details, and insurance policies)
Refrain From Apologizing
Don't compromise the insurance claim process or your potential personal injury claim by saying sorry. Otherwise, the other party can use it against you and regard it as an admission of fault, even if you are the victim. If this happens, you may not receive the full compensation you deserve.
Get a Medical Checkup
Even if you didn't have to call 911 for visible injuries, you should still get a medical checkup soon after the crash because you may have sustained hidden, internal trauma. The adrenaline and shock from the incident could only be masking the pain and symptoms.
Make sure you keep medical documentation after the crash (e.g., doctor's reports and hospital receipts), too. You'll need this to support your legal claim.
Contact Your Insurer and a Lawyer
Inform your insurer about the crash, your injuries, and any property damage you've incurred. Give them just facts; don't speculate or apologize.
You should also consider reaching out to personal injury attorneys providing complimentary, non-obligatory case reviews in your area. Car accident victims in Baltimore, for instance, can obtain a free consultation if they contact Platinum Law Group.
You can use such initial meetings to find out your claim's strength, your area's specific car crash laws, and whether it's worth pursuing further legal action against the party at fault.
Frequently Asked Questions
Should You Gather Evidence at the Scene of the Crash?
Yes. If you can stand and walk, it's best you take as many photos or video recordings of the crash scene as you can while you wait for medical services, the police, or both.
Capture as many details of your injuries, vehicle damage, and personal property damage. Take photos or videos of road and weather conditions, too, and speak to witnesses and ask for permission to record their testimonies. All of these can help serve as supporting evidence for your claim or lawsuit:
Can Mental Illness Occur After an Accident?
Yes. A car accident victim can develop a mental illness following the incident, with post-traumatic stress disorder (PTSD) being a likely outcome.
People involved in car collisions, whether they're at fault or not, can develop PTSD because crashes can be a life-threatening experience. Even if they don't result in fatal injuries, they can still cause sensory overload and a loss of feeling in control, disrupting a person's sense of safety.
Protect Your Claims and Rights as a Car Accident Victim
Being a car accident victim can be deeply overwhelming, even devastating, particularly if significant injuries and property damage occur. You should, therefore, do everything you can to protect your claims and rights by taking all the necessary steps, from calling 911 to seeking legal counsel, immediately after the incident.
Stay informed with the latest health, lifestyle, legal, and current news by reading our other up-to-date posts.
This article was prepared by an independent contributor and helps us continue to deliver quality news and information.