I Just Got Into a Car Accident. What Do I Do Now?

By: Brent R. Eames*

It has been estimated that there are more than 6 million automobile accidents each year in the United States. With this many accidents occurring on a day-to-day basis, it should come as no surprise that an estimated 2 million people each year suffer some sort of permanent disabling injury on account of an automobile accident. A car accident can be one of the most traumatic events in a person’s life. There is so much going on at the scene of an accident, and so many questions that immediately come to mind. Am I OK? What did I hit? Is the other driver OK? Is my car OK? It can be an extremely overwhelming experience.
The Law Offices of Peter F. Ferracuti, P.C. has extensive experience representing individuals who have been injured in automobile accidents. In order to help you make it through this potentially life-changing experience, our office has prepared the following checklist to help ensure that you come away from the accident with your legal rights protected. You should keep this checklist in your glove compartment, and if you are able to, reference it following an automobile accident.

NOTE: this material gives you general information and is not meant to be a substitute for legal advice for your specific situation.

1. Remain calm! This experience is understandably stressful and upsetting, but flying off the handle will not help you in any way. Take a couple deep breaths, and try your best to remain calm throughout the entire process.

2. Do not leave the scene of the accident. Even if the damage is not severe, leaving the scene of an accident is a crime. You could potentially be charged with a "hit and run" violation.

3. Check to see if you or any of your passengers have been injured. If you suspect that you or any of your passengers could be injured, do not hesitate to dial 911 in order to request an ambulance. Many times, people leave the scene of an accident feeling fine only to discover later that they have been seriously injured. It is better to play it safe by making sure that you and your passengers receive prompt medical treatment.

4. Call the police. The police can be very helpful following a car accident. They will prepare a police report, which can be very useful for any future lawsuits. The police will help you exchange important information with the other parties involved in the accident, interview any witnesses to the accident, and help to determine if anyone has been drinking.

5. If you can do so safely, pull over to the side of the road. It is likely that the accident is blocking traffic, which can cause a safety hazard. If you cannot safely move your car, you should turn on your safety hazard lights. This will help to notify other drivers of the accident.

6. Watch what you say. Before making any remarks to the police, you should make sure that your thoughts are clear. You don’t want to make any statements that turn out to be wrong. Further, avoid making any statements to the other driver(s) about responsibility. Definitely do not accept fault, even if you believe that the accident may have been your fault! These statements can come back to bite you if and when you decide to file a lawsuit.

7. Take pictures! If you are able, take pictures of the scene of the accident. Make sure to get pictures of the damage to the automobiles involved, as well as the area surrounding the accident. The more pictures you have, the better off you will be. If you don’t have a camera on you at the time of the accident, you can use the camera on your cell phone for this purpose. If you don’t have a camera on your cell phone, you should keep a disposable camera in your car.

8. Gather Information. Even if the police are there to prepare a report, you should collect as much information as possible. The following is a list of important information which you should consider:

General Information
Accident location
Road conditions
Traffic conditions
Weather conditions
Impact location on your car
Impact location on other car(s)
Skid marks?

Other Driver(s)
Name
Address and City
Telephone number and E-Mail
Insurance Company and Policy Number
Automobile information, such as make, model, year, etc..

Police Information
Name
Department
Badge Number

9. Schedule a Doctor Appointment. Often times, injuries suffered in automobile accidents may not show up until hours, if not days after the accident. In order to ensure that you are not injured, you should consider scheduling an appointment with your physician following a car accident.

10. Contact an attorney as soon as possible. Attorneys will help to enforce your legal rights, but there are time limits for bringing lawsuits. In order to protect your rights, it is necessary to contact at attorney as soon as you are able.

If you have been hurt in an automobile accident which was not your fault, you are entitled to file a personal injury lawsuit against the person who caused your injuries. Please contact our office at 1.888.488.4LAW to set up a free consultation.

*A native of DeKalb, Illinois, Brent joined the Law Offices of Peter F. Ferracuti, P.C. in September of 2009. Brent received his B.A. in political science from Western Illinois University in 2006. While at WIU, Brent was a four-year member of the Division I swimming and diving team, achieving the rank of Captain his senior year. Brent received his juris doctorate cum laude from Northern Illinois University College of Law in 2009, where he served as the President of the Student Bar Association, as well as the Chief Justice of the Moot Court Society. Brent was honored at commencement to receive the College of Law’s awards for Outstanding Contribution to the College of Law Community, as well as Greatest Contribution to the Advocacy Programs. Brent is a member of the American Bar Association, the Illinois Bar Association, Illinois Trial Lawyer's Association, and the NIU College of Law Alumni Council. He concentrates on Civil Litigation and Personal Injury.

About Peter F. Ferracuti

When Attorney Peter F. Ferracuti began his jury trial practice in LaSalle County, Illinois, in late 1960, the highest LaSalle County jury verdict in a personal injury case that had ever been awarded was for $35,000 in damages. Thereafter, Attorney Ferracuti led the LaSalle County trial bar in personally winning a series of ever increasing LaSalle County jury verdicts in injury cases.

In the case of Stein V. Eichelkraut Contractors, for the very first time a LaSalle County jury on March 10, 1970, returned a verdict exceeding $100,000, specifically finding in favor of Attorney Peter Ferracuti’s client, Donald Stein, in the sum of $125,000 damages.
In the subsequent years, Attorney Peter Ferracuti continued to lead the LaSalle County trial bar, again being the first to achieve a LaSalle County jury verdict in a personal injury claim reaching $500,000.

Finally, on July 3, 1996, for the very first time within the LaSalle County trial bar, Attorney Ferracuti secured a jury trial verdict in a personal injury claim that exceeded, not only the $1,000,000 level, but actually won a jury verdict in excess of $2,000,000 in the case of Piper V. Wal-Mart Stores, Inc.

Significantly, over a 35 year period, the trial techniques and courtroom persuasiveness of Attorney Ferracuti in behalf of injured persons, resulted in moving the LaSalle County trial bar continuously upward toward levels of fair compensation by LaSalle County juries. Because of his efforts, LaSalle County jury verdicts were increased from a maximum of $35,000 in the late 1950's, until ultimately Mr. Ferracuti secured the first LaSalle County jury verdict in excess of $2,000,000 in 1996. Since then multi-million dollar verdicts, as well as personal injury settlements in that range, are not unusual in LaSalle County. In addition to Mr. Ferracuti’s success in jury trial litigation, he also established several new legal precedents in his personal injury trial practice.

In 1987, Attorney Peter Ferracuti was recognized, through a Harvard Law School survey first published in 1987, and in subsequent publications, as being one of a group of 18 leading civil litigators from the state of Illinois, along with a group of trial attorneys from the entire United States, who were singled out in a publication entitled “Best Lawyers in America”.
Leading a progressive law firm, Peter F. Ferracuti and Associates, representing clients throughout northern Illinois, Mr. Ferracuti currently has assembled six talented lawyer associates who assist him in the active personal injury trial practice of his law firm.

Currently, while pursuing an active jury trial practice, Mr. Ferracuti also has generated a substantial Worker’s Compensation practice, with career Worker’s Compensation money recoveries of approximately 150 million dollars over his career, while also establishing significant legal precedents in the development of Worker’s Compensation law. It has been acknowledged by his peers in the law profession that Mr. Ferracuti during his career has tried more Worker’s Compensation cases than any other lawyer in the state of Illinois.