By: Marc E. Schwartz, Esq.
In the aftermath of a motor vehicle accident, it is imperative to adhere to a series of steps to safeguard your legal standing and well-being. Here are a few tips Miami, Fort Lauderdale and West Palm Beach residents should keep in mind if you are involved in a car, motorcycle or bicycle accident.
1. Remain at the Scene
The first step to take when involved in a car accident in Miami, Fort Lauderdale, or West Palm Beach, is to stay on the scene of the accident until it’s appropriate to leave. Departing prematurely, especially in cases involving injuries or fatalities, may subject you to severe criminal charges under the classification of a “hit and run” driver. In isolated and precarious South Florida locales, exercise caution before exiting your vehicle; if uncertain, contact 911 or proceed to the nearest county police station.
2. Check on All Passengers and Drivers
Check to make sure everyone is OK before you start assessing property damage. Seek medical attention for those in need of it. Avoid at all costs moving people who are unconscious or who complain of back or neck pain unless faced with an immediate peril to their safety (e.g., potential explosion or fire hazard). Most times, it is best to leave it to a qualified fire rescuer and medical professional.
If relocation is necessary, execute it judiciously, supporting their back and neck while minimizing movement.
3. Contact Law Enforcement
In cases involving death, serious injuries, or substantial property damage, you will need to call the police. Request a police report and secure the names and badge numbers of all responding officers.
4. Exchange Information
Collaborate in the exchange of information with the other drivers involved in the Miami, Fort Lauderdale, or West Palm Beach car accident. Be cordial and cooperative with the other drivers, but do not apologize for anything regarding the accident. Anything you say that implies your guilt can contribute to your legal liability.
Limit any discussion about the incident to your legal counsel, insurance company, and the police. Avoid engaging with representatives from other insurance companies; redirect them to your lawyer or insurer.
5. Talk to Witnesses
Solicit accounts from potential witnesses who might have seen the accident and confirm what they saw. Collect their names, phone numbers, and addresses if you can. For this purpose, always keep a pen and notepad in the car with you so you can document your own immediate recollection and the statements of nearby witnesses.
6. Capture Visual Evidence
Take pictures of all pertinent aspects of the scene. The more photographic evidence you have, the better your case will be.
7. Consider Legal Assistance
In instances where the car accident results in injury, seeking legal counsel is advisable. A personal injury attorney can optimize your recovery if injured and offer defense if fault becomes an issue.
Promptly notify your insurance company, seeking a property damage valuation for your vehicle. If the estimate proves inadequate, obtain two independent repair or replacement assessments. Keep meticulous records of medical expenses for accurate reimbursement.
For seasoned representation following an automobile accident in Miami, Fort Lauderdale, or West Palm Beach, contact attorney Marc Schwartz .
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