Steps After an Accident
expert attorneys of Arizona, Ready to Represent You.
Stop Immediately
Stop your bike immediately and exchange information, no matter how minor the accident. Arizona law requires that a driver of a vehicle involved in an accident (no matter how minimal) must stop his or her vehicle and exchange information with the other driver and the owner of any property which may have been damaged. If at all possible, do not move your bike. If the accident is very minor, then pull safely off the roadway to exchange information.
Assist Any Injured Persons
Assist any injured persons. Your first duty after stopping your bike is to assist any and all other injured persons. If someone is seriously injured or unconscious, call an ambulance immediately. Try to make the other person comfortable, but do not move them unless you know exactly what you are doing and are trained in medical care.
Protect the Scene
Protect the scene. If it is safe to do so, it is best not to move your bike until law enforcement has arrived. If your bike poses a safety threat to other traffic and it can be moved safely, then use your common sense on deciding whether to move off the roadway.
Call the Police
Call the police. Even if the accident is minor, you should still phone police in order to file an accident report. Many times the dispatch operator will tell you that they will not respond if it appears there is less $500.00 in damage, and there were no injuries. Even if you feel that this may be the case, you have at least phoned in to report the accident. Later on an officer may contact you to prepare a report.
Sign the ticket
Sign the ticket. If the police arrive and determine that you may be all or partially at fault, they will issue you a citation. You are required to sign the ticket in order to promise that you will appear in Court at a later date. This is not an admission of guilt, it is merely a formality.
Identify the Other Drivers
Identify the other drivers. Be certain that you get the other drivers’ address, telephone number, and insurance information. Also write down the license plate number and a brief description of passengers who may have been with that person.
Identify Witnesses
Identify witnesses. As soon as is possible, get the names, address, and telephone numbers from all the witnesses who are present. Although they should remain on scene until the police arrive, most people will leave shortly after ascertaining that medical care is on its way. These witnesses may be critical to your case, so get this information as quickly as possible. Normally, asking for a simple business card will suffice.
Gather Other Information
Gather other information. As soon as is reasonably possible (usually after you get home) write down a description of how the accident occurred, including the time, place, weather and road conditions, and a detailed explanation of how you were driving. Draw a diagram of the road or roadways and the positions of the vehicles before, and after the impact. Do not give this information to anybody other than your attorney. Make sure that you hold on to the accident information exchange slip that the officer will have given you at the accident scene. This contains the information regarding the other driver and a police report number. The Cantor Simon Law Group will then secure a copy of your accident report as quickly as possible.
Do Not Make Any Statements
Do not make any statements. Arizona law only requires you to exchange address, driver’s license number, vehicle registration, and copies of your insurance cards to the other driver. Other than this, never make any statements or comments (these will be used against you later). NEVER APOLOGIZE OR ADMIT THAT THE ACCIDENT WAS IN ANY WAY YOUR FAULT. NEVER SAY, “I DID NOT SEE YOU”. NEVER SPECULATE ABOUT ANYTHING THAT YOU ARE NOT SURE OF. For example, your estimate of speed at the time of the accident will usually be wrong. Be careful what you say, because it may come back to haunt you later (both in a civil lawsuit and potentially with criminal liability).
Listen Carefully
Listen carefully. Listen to everything that the other driver or witnesses say. What the other driver says can be used against them to help you with your claim. If they apologize, or say that they did not see you, write it down immediately. Simple apologies are almost always viewed as an admission of fault.
Go to the Emergency Room
Go to the emergency room or your family doctor immediately. Even though you may think that you are not hurt, only sore with some road rash, you may actually have sustained a serious injury. Due to the stress and adrenaline rush, which often accompanies accidents, the brain often masks the extent of the real injuries. You may have internal injuries which you are not aware of and a proper diagnosis by a doctor could help identify a more serious problem. Also, let the doctor know of any old injuries, which are now aggravated due to the accident.
Call The Cantor Simon Law Group
Call The Cantor Simon Law Group. At The Cantor Simon Law Group, we will do everything we can to assist you following your accident. If you cannot come to us, we will be happy to come to your home or the hospital. When you call The Cantor Simon Law Group, you can rest assured that you will have a phone consultation with an attorney, not a paralegal. Although our paralegal will initially gather information, they will then route your call to an attorney. In addition to assisting you with your accident claim, we also help you in making rental car arrangements (or rental bike if you choose), and with obtaining medical assistance along with medical liens which will prevent you from paying any out of pocket costs until your case is actually settled.
Call Your Insurance Company
Call your insurance company. Call your insurance company, even if the other driver was cited and you were not. Do not, however, give them any recorded statements or written statements until after you have consulted with The Cantor Simon Law Group and have received your attorney’s approval.
Never Give a Recorded Statement
Never give a recorded statement to the other driver’s insurance adjustor! The insurance adjustor for the other driver will attempt to call you within 24-48 hours after the accident. He or she will attempt to get a recorded statement in order to use against you later on. They will also try to offer you some type of minimal settlement in order to dispose of the case immediately. Simply tell them that you are represented by The Cantor Simon Law Group, and that your attorney will call them later.
Take Photos
Take Photos of the Accident Scene
Take photos of the accident scene. Once you are on your feet, or if a family member is available, go back to the accident scene and take photographs. Be sure to include any landmarks, such as signs or buildings that will be easy to describe in each photo. Try to include photos of skid marks, damage to grass, trees, or shrubbery, and look for any small car parts that still may be on the ground. Take photos from far away and up close. You may want to shoot multiple rolls of film in order to get every angle and direction. Time will eventually alter the accident scene, so this is very important. If you have retained The Cantor Simon Law Group, we will send out our accident investigator to photograph the scene for you.
Take Photos of Damage to Your Motorcycle
Take photos of damage to your motorcycle. Again, do not be afraid to use multiple rolls of film. Take photos from every possible angle, both close up and far away, of your bike and the damage sustained. If any parts came off your vehicle, also photograph those. If necessary, The Cantor Simon Law Group will be happy to go to the impound yard in order to do this.
Take Photos of Your Injuries
Take photos of your injuries. Again, do not be afraid to use multiple rolls of film. Take photos of all cuts, bruises, casts, bandages, abrasions, or road rash. If you are hospitalized, or cannot move around easily, have a friend or family member photograph you in your room, showing various angles of equipment that you may be hooked up to (i.e. I/V’s, heart monitors, traction, etc). The Cantor Simon Law Group will be more than happy to (and prefer to) have one of our attorneys to come out and meet with you in order to photograph your injuries. Make sure to photograph these injuries every few days in order to document bruising and swelling. Many times a bruise will not fully develop until several days after the injury.
Start a Diary
Start a diary. Start a daily record of all pain and inconveniences that you are suffering as a result of the accident and the injuries. Write down everything, including what you are thinking, and provide that to your The Cantor Simon Law Group attorney only.
Keep.Records
Keep records of missed time from work. If the other person is at fault, you will be entitled to recover monies for lost wages and reduced bonuses due to missed quota production numbers during your time off. Keep not only your paycheck stubs, but also written records. Write down the names of any and all company supervisors who can back up your claim of lost wages or bonuses.