Being hit by a vehicle while your car is parked can be a distressing and costly ordeal. This situation damages your vehicle and also leads to significant personal injuries. You must know the legal procedures following such an incident to safeguard your rights and pursue the right compensation. You must ensure you know how to proceed after being injured in a parked car collision.
In this article, we will discuss the necessary actions, from recording the accident to pursuing legal recourse.
Immediate Actions at the Accident Scene
According to the NSC, parking lots are riskier than anyone could imagine. Every year, around 10,000 accidents occur within the parking premises and garage. In these accidents, hundreds of people lose their lives, and thousands get injured.
After a car crashes into your parked vehicle, it’s essential to look for your safety first and then document the incident. Ensure the scene is secure, call emergency services if necessary, and attend to any injuries. Beyond these standard steps, look for as much evidence as you can. Take multiple photos from all possible angles; if you can’t do it yourself, ask for help.
Note the location of debris, skid marks, and the position of both cars. If witnesses are around, collect their contact details. Remember, details recorded at the scene can be invaluable when building a strong case later.
Collecting Evidence and Information
Beyond the initial scene documentation, you must gather comprehensive evidence and information. Ask for duplicate police reports and any accident diagrams. Take detailed photographs of your injuries, medical expenses, and mending evaluations for your car. Document all losses, including property damage, lost wages, and medical expenses.
If possible, you must also check the reason for the accident; it could probably be distracted driving. According to Forbes, 8% of all fatal accidents are due to unfocussed driving. In 2020, there were 2880 fatal car accidents due to distracted driving and 3142 people lost their lives.
Market Watch reported that 7.6% of distracted drivers were found using their smartphones while driving. If available, get declarations from spectators who saw the accident or its outcome. This meticulous evidence collection is vital for constructing a strong lawsuit and supporting your reimbursement claim.
What are the steps to collect evidence at the accident scene?
Photograph the vehicles, any damage, and the surrounding area to document the scene effectively. Note the location, time, and weather conditions. Exchange information with the other driver and obtain witnesses’ contact details. Report the accident to the police and seek medical attention if needed.
Seeking Medical Attention
The CDC reports that approximately 25.5 million emergency room visits occur annually due to unintentional injuries. It includes far more injuries than just those sustained in accidents. Even in cases where injuries are not immediately apparent, it is imperative to seek medical assistance as soon as possible.
Delayed symptoms or hidden injuries can surface later. A comprehensive medical evaluation documents your injuries for use in future legal processes. Make sure your healthcare physician is aware of the accident’s circumstances. Maintain copies of all prescriptions, bills, and medical records. This documentation will be vital when calculating damages and building a strong case.
Reporting the Incident
Promptly reporting the accident to suitable officials is essential. Contact the local forces and immediately file a complaint, even if there seems to be minimal damage. The police complaint will act as an official paper of the incident and is vital evidence in any subsequent legal action. Provide the police with accurate details about the incident, including the other driver’s info, if available. Keep a duplicate copy of the complaint with yourself.
How do I file a police complaint, and why is it necessary?
To file a police report, contact your local police department. You can either have an officer come to the scene or visit the station to file the report in person. This report serves as an official record of the accident and is crucial for insurance claims and possible legal proceedings.
Consulting a Personal Injury Attorney
Going through the complexities of a car accident reimbursement can be devastating. Atlanta Personal Injury Law Firm recommends consulting a personal injury attorney for fruitful outcomes. A skilled attorney knows the legal process and insurance intricacies and can handle negotiations with the opposing party.
For instance, as reported by WSB TV, a famous businessman from Atlanta was severely injured in a horrific crash. The accident happened on May 5, 2024, while Scotty Williams was fixing his car’s flat tire. His Mercedes was parked peacefully in a safety zone between Windy Hill Road and I-75 North, Atlanta. A tow truck was also parked behind the Mercedes Benz with headlights on.
William and Micah, the tow truck driver, were standing to change the flat tire. A GMC Yukon came heading north on I-75 and crashed the tow truck. Both were seriously injured and sent to hospital.
An Atlanta car accident lawyer is particularly beneficial in such cases as they are familiar with the specific laws and regulations in that area. Their knowledge of local courts and insurance companies can be invaluable in building a strong case. The results might be better than your imagination.
Filing a Personal Injury Claim
Filing a personal injury claim is the formal process of seeking compensation for damages due to another person’s negligence. With the guidance of an attorney, you will typically submit a detailed claim to the at-fault party’s insurance company.
This claim sketches your wounds, losses, and the basis for holding the other party responsible. If a reimbursement cannot be reached, the case may proceed to litigation, where a judge will fix the amount of compensation.
When should I think of taking my lawsuit to trial?
If the insurance company offers a settlement far below your claim’s value, consider going to court. The likelihood of success must be weighed against the costs and duration of the legal process. As reported in Forbes, there is about a 50% chance of winning a personal injury case. It would be wise if there could be a decent settlement.
Long-Term Considerations
Filing a personal injury case requires careful planning and foresight. While immediate actions are crucial, you must consider the long-term consequences. This includes documenting all medical treatments, lost wages, and other financial losses. Be prepared to address the potential for future medical expenditure, missed salaries, and discomfort and suffering.
Understanding the statute of limitations for lawsuit filing is vital, as missing this deadline can have severe consequences. Consulting with a law professional specializing in personal injury cases can help you navigate these complexities and protect your rights.
Protecting Your Rights After a Parked Car Collision
Being hit by a car while parked can be a distressing and overwhelming experience. Understanding the necessary steps allows you to safeguard your rights and seek fair reimbursement for your injuries and damages. While the road to recovery may be challenging, taking proactive measures can help you navigate the legal process and achieve a favorable outcome.
