The actions you take at the scene of any accident are of utmost importance in determining the course of your personal injury litigation. Whether you have been injured in a car collision, a slip and fall accident, as the result of equipment failure, by a doctor’s negligence or in any other way, you must during the very earliest stages take great care in everything you say and do. Never again will your memory of the key events be as fresh as they are on the date of injury. Never again will the most crucial bits of evidence be as available. Thus, you must concentrate totally on what has happened to you, all aspects of the accident scene and you must act quickly to insure that the information you gather at the scene of the injury are preserved for your use throughout the litigation.

   The events that occur right after a car accident can determine whether the injured victim receives fair and prompt compensation. Extreme care must be taken to avoid saying anything which could later be interpreted as an admission of fault. Even an apology uttered during this stressful time can easily be turned into such an admission by an insurance company lawyer. By the same token, listen carefully to what the occupants of the other vehicle say and write down key admissions as soon as possible. Often, statements are made at accident scenes during the heat of the moment which, given time for reflection, would not be made. The key is to avoid discussing the cause of the accident.

   It is always a good idea to call the police to the scene. Failure to do so can lead an insurance company to deny that an accident ever happened! Photographs of your car, before it is repaired, help to defeat this argument. Do not leave the scene until you are sure you or the police have all of the other driver’s identifying information. This includes the vehicle tag (license plate) number, name, address, driver’s license number, the name of his insurance company and the policy number. Ask if the driver is "on the clock" for his employer. If he is, his employer may be liable for the damages. Ask the police officer if you can have a copy of the police report. Be aware of any circumstance or condition relating in any way to the cause of the accident. For example, check for skid marks, accident debris, etc. If you hire an attorney be sure to let him or her know about this.

   It is also vital that you get the name, address, and phone number of any eyewitnesses to the accident. People are often reluctant to get involved. However, most people will respond if you appeal to their sense of justice and fair play. Without the assistance of a witness, it may be impossible for you to obtain fair compensation for your injuries. Most people can put themselves in the shoes of an accident victim who needs the help of a witness.

   You may think that fault for the accident is absolutely clear. Unfortunately, insurance companies deny claims for practically any reason at all. If the other motorist does not admit fault, your claim can be tied up for years in litigation. A solid eyewitness statement, especially by someone you’ve never met before, is easily the most effective way to convince an insurance company to honor your claim. Insurance companies are particularly persuaded by statements made by truly independent witnesses.

   Witnesses are perhaps even more important in "fall down" accident cases. Insurance companies are often suspicious of this kind of accident since property damage, which substantiates auto accidents, is not present. Thus, a prompt investigation, which includes the taking of witness statements and photographs of the accident scene, will go a long way towards convincing the insurance company that it should pay fair and prompt compensation to the accident victim.

   Form 1 in the Appendix of the complete book is a worksheet for recording important car accident information. You should complete this form as soon after the accident as possible. Form 2 is a fall down accident worksheet. To order the complete book and obtain all relevant forms, click here.