The Critical Steps to Take Immediately After Any Road Traffic Accident
The actions of a road accident victim in the hours and days immediately after a crash will have a greater impact on the strength and value of a potential legal claim than most people realise at the time.
Whether it is missing pieces of evidence that have weakened a claim, delayed treatment, or the lack of witness information known at the scene but not documented, road traffic accident solicitors can always find claims that a gap in evidence has impacted. Practical knowledge that protects health and legal standing is knowing what to do immediately after the accident, before the adrenaline wears off and the evidence starts to disappear.
At the Scene: The First Priority
Safety is paramount. Immediate priorities before evidence-gathering activity include moving to a safe location away from traffic, checking for injuries and calling the emergency services if there is any evidence of injury or significant damage. When injuries are present, move only if staying in place would pose additional risk. By requesting medical assistance, the medical record is started, and its continuity from the time of the accident will be a key element if a claim arises.
Recording Evidence While It Exists
Photos of the scene taken before the removal of vehicles and/or evidence offer the most direct visual record of what occurred and where. If possible, take pictures of the location of all vehicles that are involved in the accident, the damage to each vehicle, any skid marks or debris on the road surface, road conditions and weather, traffic signals or signs involved in the accident, and any visible injuries. This visual record is invaluable as the scene will be cleared, vehicles will be repaired, and the physical evidence of the accident will no longer exist in hours.
Witness Details and Their Long-Term Value
Evidence from independent witnesses who stopped at the scene or saw the accident from close by is very important in a subsequent claim and will rapidly lose its value as time goes by. It only takes seconds to obtain the name and contact information of any willing witness before they depart the scene, and it can preserve evidence that might otherwise be lost. Don't expect witnesses to turn up later. Many will not, either because they do not know how or because the only realistic chance to identify them was in the present moment.
The Police Report and Its Official Record
If the accident is legally required to be reported to the police, or if an injury occurred, the accident is recorded as an official document that serves as evidence in any subsequent claim. A crime or incident reference number assigned by the police should be noted and kept. If a police report is filed at the scene, record the information of the officer who took the report. If the accident is reported by telephone after leaving the scene, report it as soon as possible and keep the reference number of the report.
Medical Attention Without Delay
Getting medical help as soon as possible after a crash offers double benefits. It guarantees that injuries are diagnosed and addressed before they become chronic and serious, which would otherwise occur without clinical monitoring. It also establishes a contemporaneous medical record of the accident, linking it to the injuries. Symptoms not medically documented near the time of the accident are much more difficult to tie to the accident in a future claim. A claim requires a medical baseline, which is established by seeing a GP or going to the ED within 24 hours, even if the injury appears minor at the time of the incident.
What Not to Do in the Immediate Aftermath
Even an instinctive apology gesture that many people make when they are stressed at the scene creates an evidential problem that is hard to rectify. The legal definition of liability in road traffic accidents is a judgment based on all the circumstances and does not occur properly at the roadside under stress. Also, any offer of compensation to another driver or statement to the other driver's insurer without legal counsel can jeopardise the claim before the true extent of the damages is realised. The first thing that must be done after health issues are dealt with is to contact specialist road traffic accident solicitors before engaging in substantive negotiations with any insurer, including your own.