An automobile accident is a traumatic event. Even if the event is only minor, there can be immediate and multiple stressors that confuse and distract people from their rights and responsibilities. For that reason, Attorney at Law has assembled this collection of tips for any individual that finds themselves in this unfortunate situation. 

Immediately After the Accident

• Assess the health of yourself and all passengers
• Assess the health of any other individuals involved in the incident and call 911 if there are any serious injuries
• Assess the damage to the vehicles. If the vehicles are driveable, move them out of the path of traffic and call the non-emergency police line. 

Once The Immediate Danger Has Subsided

• Secure all possessions and valuables in the car, taking note of anything that was damaged or destroyed
• Make contact with the other members of the incident
  • Take down driver and passenger names and contact information.
  • Note the Vehicle descriptions like the make, model, and year.
  • Capture the driver's license numbers and the vehicle’s license plate numbers.
  • Exchange insurance information including company name and policy numbers.
• Take photos of the incident including any damage to either party’s vehicle
• Make note of any eyewitnesses to the incident. If possible get names and contact information, as well as their account of what happened.
• Mark where the incident occurred with as much specificity as possible including the address or nearby landmarks.

When the Police Arrive

• Record the police officer's name and badge number.
• Give a complete, accurate, and truthful account of what happened

In the aftermath of an accident, individuals are not required to admit fault. Admitting fault to any party may result in a worse outcome.

In some cases, one member of the incident may decide that they would like to file suit against another. Sometimes, the insurance company of an individual in an accident does not feel compelled to pay out for the accident. In either of these event, contacting an attorney is highly recommended. 

An experienced accident attorney can ensure that their client is receiving a just payout from their insurance company and protecting their client’s interests to ensure the best outcome in the event of a lawsuit. 

If you have been in a car accident and feel you are not receiving a just outcome, contact an attorney.

If you ever find yourself in a motor vehicle accident, you might find yourself wondering whether or not you need to get the police involved to file a report and, if so, when, where, and how. This article will provide an overview of everything you need to know about police reports and car accidents. 

Why You Should File Police Reports After a Car Accident

There are a few reasons why you should file a police report in the event of a motor vehicle accident.

First, in many states and countries, it is legally required to call the police to the scene of a car accident or, at the very least, to file a police report afterward. Sometimes, it is only required if the accident involves injuries and/or property damage but, even if your car accident was minor and nobody got hurt, it is still a good idea to file a police report.

One of the main reasons why you’ll benefit from filing a police report is that it will serve as evidence if you ever decide to file an insurance claim to get compensated for any losses suffered as a result of the accident. Insurance companies investigate claims to try to see who was at fault for the accident and how much compensation you are entitled to, and police reports are one of the strongest pieces of evidence you can offer them to show what happened. 

However, although it is very common for insurance adjusters to look at police reports as evidence when investigating a claim, if your case makes it to court, the police report will most likely not be admissible as evidence because it is considered hearsay. 

What Car Accident Police Reports Contain

There are several things that the officer who reports to the scene of your car accident will include in their police report. These include:

• The location of the car accident
• The date and time of the car accident
• What damage was done to each vehicle during the accident
• Injuries sustained by drivers, passengers, and/or pedestrians
• Witness statements when relevant
• Driver’s statements
• Weather and road conditions during the time of the accident
• Diagrams of the accident
• Citations that were given to any of the parties involved
• Any other important facts

Sometimes, police reports will also include the officer’s opinion about who was at fault for the accident. However, this is considered to be opinion, not fact, and insurance companies may not always agree with it.

How to File a Police Report After a Car Accident

Ideally, you should call the police to the scene of your car accident so that a report can be generated immediately after the collision. When an officer arrives at the scene, you can answer any questions he or she has for you. They will also speak to the other driver involved and any passengers and/or witnesses. 

Before the officer leaves, you’ll want to get his or her badge number and the identifying number of the police report. That way, later on, once the report has been filed - which usually takes up to a few days - you’ll be able to request a copy for your own records and to be used in any insurance claims. 

How Long Can You Wait to File a Police Report After Your Accident?

You may be wondering what happens if your accident has come and gone and you didn’t have a police officer come to generate a report on the scene. Is it possible to file a police report days or weeks after the accident? 

Depending on the country and state you live in, there will be varying laws about how long you have to file a police report after the accident happens. Again, this usually only applies to accidents that cause property damage and/or injuries. That being said, you’ll still want to file a report even for minor accidents so that it can be used as evidence in insurance claims cases. 

It is common for the window of time you have to file an accident after a report to be anywhere from 24 hours to ten days. It is highly recommended that you check the law in your own jurisdiction so you can know how long you have to file a police report where you live. If you fail to report your accident on time, it may result in a fine or a penalty to your driver’s license such as suspension. 

If you’re going to file a police report after the accident rather than calling an officer to the scene, it’s important that you document as many details as possible so that you can provide accurate information. So when you are still at the scene, take note of the following:

• Date, time, and driving conditions of the accident
• Personal information of all the parties involved including names, addresses, phone numbers, insurance details, license plate numbers, and driver’s license numbers
• Witness statements and/or contact information
• Injuries at the scene
• Damage to the vehicles
• A diagram of the scene
• Photos and videos of the scene, cars, and damage

Note that it will be incredibly helpful for you if you can get in touch with a motor vehicle accident attorney to help walk you through the process of filing a police report and an insurance claim. An experienced lawyer will know the laws regarding how long you have to file a report and help make sure you follow all of the correct procedures.

Although they are both types of vehicles commonly found on the roads, motorcycles and motor vehicles are very different to operate. As such, motorcycle accidents differ in many ways from motor vehicle accidents, including in terms of how common they are and how they are handled by insurance. In this article, we’ll explain the main differences you should know about between motorcycle accidents and motor vehicle accidents.

Motorcycle Accidents and Injuries

Motorcycle drivers are much more exposed than drivers in cars, meaning that they are at much higher risk. As motorcycles are missing key safety features such as airbags, seatbelts, and safety glass, motorcycle accidents are likely to lead to much more severe injuries than motor vehicle accidents. 

With nothing to protect them from coming into direct contact with whatever they collide with, motorcyclists may be ejected from their vehicle and otherwise experience intense impact. This is only exacerbated by the relatively small size of motorcycles compared with the other vehicles they might collide with. All of this contributes to the fact that motorcyclists are 27 times more likely to die in crashes than motor vehicle passengers. 

That being said, the one important safety measure that motorcycle drivers can take is wearing helmets and other protective gear. Helmets are 37% effective in preventing deaths and 67% effective in preventing brain injuries, making it crucial for motorcyclists to wear them. Additionally, other safety tips for motorcycle drivers include:

• Wearing protective gear created for motorcyclists
• Only riding at one’s skill level
• Leaving enough space between yourself and other vehicles 
• Not using distracting devices while driving
• Driving defensively and anticipating the actions of other drivers on the road
• Not riding in poor weather

While the injuries sustained in motorcycle accidents and motor vehicle accidents are often quite similar, there are certain injuries that are unique to motorcycle accidents. One is road rash or road burn, a type of injury in which motorcycle drivers suffer friction burns from being dragged along the asphalt at high speeds. Another is biker’s arm, an injury in which motorcyclists suffer damage to the bones, tissues, and nerves of the arm when they absorb the impact of a collision with a motor vehicle. Other common motorcycle accident injuries include broken shoulders and pelvis, joint injuries, and facial disfigurement or scarring, especially in the chin area. 

If you are injured in a motorcycle accident, it is important to see a medical professional immediately. Not only will they be able to help treat your injuries and get you on the course to recovery, but this will also serve as evidence to your insurance company that your injuries were, indeed, serious enough to be compensated for. Often, insurers will not take injuries seriously if the driver did not seek out medical treatment for them. 

Fault in Motorcycle Accidents

When it comes to determining who was at fault for motorcycle accidents, car drivers are held responsible much of the time. This is because much of the time, accidents with motorcycles and cars result from car drivers not seeing the motorcyclist or giving them the right of way. That being said, fault must be determined on a case-by-case basis based on the available evidence for each individual accident. 

To help increase the chances that you will not be found to be at fault for an accident that you didn’t cause, it’s important to gather as much evidence as you can at the scene of the accident that will prove what happened. This includes photos, videos, witness statements, diagrams, police reports, and so on. 

Motorcycle Accident Insurance Claims

Individuals who were involved in a motorcycle accident are often entitled to compensation from their insurance company. There are a number of different types of damages that you can claim including the following:

• Medical bills - This includes all medical bills for injuries sustained in a motorcycle accident including doctors visits, surgeries, hospitalizations medical equipment, physical therapy, and medication

• Lost wages - This is relevant if you were unable to work or have a reduced earning capacity due to the injuries you suffered in a motorcycle crash

• Property damage - This includes costs to repair or replace your motorcycle

•  clothing, protecting equipment, and so on 

• Pain and suffering - This includes the mental and emotional distress that the accident has led to including pain, trauma, anxiety, depression, etc.

• Wrongful death - If you lost a loved one in a motorcycle accident, you might be entitled to compensation for funeral bills, lost wages, and more

Because motorcycle accidents are often much more serious than motor vehicle accidents, the insurance claims made for them tend to have a higher value. As such, insurance companies have a tendency to fight harder to deny a motorcycle accident claim or offer lower payouts. Furthermore, juries tend to be harsher on motorcycle accident victims because they often perceive motorcyclists as reckless. 

This is why it’s so important to work with an experienced attorney when making a motorcycle accident claim. Not only will they help you navigate the insurance claims process, but they will advocate for you and fight to help you receive a fair payout.

After a motor vehicle accident, it is common for one or both parties involved to seek compensation from auto insurance companies. A major part of the process of filing an insurance claim and receiving compensation is determining who was at fault for the accident. ​​The insurance payout will be different depending on who is found to be at fault. This means that correctly determining fault is incredibly important. This article will explain the different methods that may be used to do so.

What Is Fault in Motor Vehicle Accidents?

In the context of car accident insurance and civil law, fault is when an individual acts in an ignorant, careless, or negligent way that results in loss, injury, or suffering to another party. Fault can be either a harmful act or a failure to act reasonably or according to one’s law or duty. Fault is an essential element for holding a party legally responsible for an act or crime. 

There are four types of fault recognized by common law:

• Negligence - being careless or inadvertently acting in a way that causes harm or damage
• Recklessness or wanton conduct - a willful disregard for the safety and well-being of others
• Intentional misconduct - conduct by a person who knows, at the time of the act, that their conduct is harmful to the health or well-being of others
• Strict liability - liability imposed without finding fault in the form of negligence or intent

Ways to Determine Fault

Before an insurance company will pay out a claim, they will go through a process of investigating the case in order to find fault. There are a number of ways that fault can be found. These include the following.

Fault Decided by Drivers

One of the first ways fault can be determined is if both drivers agree on it at the scene of the accident. It’s common for parties to an accident to want to blame one another. However, it’s highly recommended not to try to determine fault in this way. Tensions are high immediately after a car accident and it might turn out that somebody admits fault for an accident that they aren’t actually responsible for. And even if it were done in the heat of the moment, admitting fault can lead to being held legally responsible. 

That’s why drivers should hold off from speaking about fault at the scene of the accident. Instead, they should exchange contact information, license numbers, and insurance policy numbers, as well as document all the damage with photos. If there are any witnesses to the accident, you should take down their contact information, as well. Then, later on, you can use all of this as evidence for determining fault under the guidance of experienced legal counsel. 

​​Fault Decided by Police Report

If you call the police to the scene of your accident, the officer will assess the situation and, sometimes, make their own conclusions about what happened and who was at fault. This will be noted in their police report. If one or more of the drivers clearly broke a traffic law, they will be issued a citation that will also be documented in the report. 

Police reports are not always the final word on car accident fault. Sometimes, insurance adjusters will come to a different conclusion than the police officer who responded to the scene. However, if there is a police report, the insurance companies will be sure to request it and use it as one piece of evidence in their investigation. 

If you are not at fault, having a police report filed is a good way to protect you so that there is a strong piece of evidence documenting what happened at the scene. 

Fault Decided by Auto Insurance Companies

When you file a claim to an auto insurance company, they will begin the process of determining fault by collecting and examining evidence. There are many things that they will consider as part of their investigation including:

• Statements from both parties
• Statements from any witnesses to the scene
• Photos and videos of car damage, injuries, skid marks, etc.
• Police reports
• Traffic camera footage

The insurance company will ultimately make a decision about who was at fault and use it to determine their payout. There are also situations in which they might decide that both parties were partially at fault. In these cases, people may be partially compensated according to the percentage of fault they are found to have had. 

Fault Decided in Court

There are sometimes situations in which the parties involved in an accident cannot negotiate a settlement with their insurance company that everybody agrees to. If this happens, they can escalate the case to court by filing a civil lawsuit. If the case does go to court, fault will ultimately be decided once and for all by a jury.

However, it’s worth nothing that this is a very rare outcome. The legal process is lengthy and costly for all parties involved and both sides tend to prefer to settle outside of court. That being said, it is still worthwhile to hire a lawyer to represent you when you are making an auto insurance claim. 

Even if you do not intend to go to court, an attorney can still help you navigate the insurance claims process and negotiate with your insurer for the best possible payout. And, on the off chance that you do decide to sue, you will already have legal counsel on your side who is familiar with your case and knows how to advocate for you.

Car accidents are incredibly common: According to the National Highway Traffic Safety Administration (NHTSA), one happens in the United States every 60 seconds, adding up to about 5.25 million accidents a year in the U.S. alone. Yet just because they’re commonplace doesn’t make them any less scary. Many of us live in fear of getting into a car accident, especially if we don’t know what to expect if it does someday happen. 

One of the best ways to handle the fear of something unknown is to understand it better and prepare for it. Learning more about car accidents can help you feel like you know what to do in the event of one, giving you crucial peace of mind that will help you feel more at ease on the road. To help you out, this article will tell you all about the basics of car accidents and what you should do if you ever get into one.  

What Is a Car Accident?

A car accident is an event where two or more vehicles collide or one vehicle hits a pedestrian or some other object. Car accidents can range from minor to serious, potentially leading to property damage, injury, or even death. 

Causes of Car Accidents

According to the NHTSA, the most common cause of car accidents is driver error. This includes things like:

• Speeding
• Distracted driving (driving while texting, speaking on the phone, etc.)
• Driving under the influence of drugs or alcohol
• Driving while tired 
• Road rage
• Tailgating
• Failure to obey traffic lights and other posted guidelines
• Not properly observing pedestrian and vehicle traffic on the roadway
• Driving without regard to weather conditions
• Operating an unsafe vehicle with mechanical defects

This is good news for anybody worried about getting into car accidents: By driving safely, you greatly reduce your risk of being in a collision.

That being said, there are also other things that might cause you to get into a car accident that is not your fault, including:

• Roadway defects in maintenance or design
• Road construction defects in traffic control or signs
• Overgrown trees or bushes that block traffic signs or devices
• Potholes
• Faulty car repair or maintenance by a third party
• Missing traffic signs or devices

Types of Car Accidents

There are a number of different types of car accidents that can occur, such as:

• Rear-end collisions
• Parked car collisions
• Single-vehicle accidents such as collisions with road barriers, debris, or animals
• Crashes at intersections
• Collisions when backing out of a parking spot or driveway

Tips for Avoiding Car Accidents

If you’re nervous about getting into a car accident, there are some steps that you can take to avoid them, as well as to try to assure a better outcome if you do get into one. These include:

• Drive a safe, well-maintained vehicle
• Always wear your seatbelt while driving
• Don’t drive while under the influence of drugs, alcohol, or fatigue
• Don’t drive in unsafe weather conditions
• Do not use a cell phone while driving
• Keep your distance from the car in front of you
• Practice defensive driving, meaning anticipating dangerous situations and the mistakes of others
• Always park in the center of a parking space and not too close to other cars
• Whenever possible, don’t park near busy intersections, tight turns, and driveways
• Don’t drive too fast
• Obey all traffic signs and rules
• Be careful when reversing to take your surroundings fully into account
• Keep a safety kit in your car with flares, first aid materials, and traffic triangles

What to Do After a Car Accident

Of course, as careful as you might be, car accidents still do happen. So what should you do if you find yourself in one? Here are the steps it is recommended to take in the event of a collision.

• Stay calm - Before taking any action, do your best to take a few deep breaths and slow your heart rate

• Stop the car - If you are in a safe condition to do so, stop your car and, is possible, move it out of the way of traffic

• Assess for injuries - Check yourself first and then any others in your car to see if there have been any injuries and, if so, how serious they are

• Collect information - If you’re able to leave your car safely, your next step will be to gather important information such as the other driver’s contact details and car/insurance information as well as the contact information of any possible witnesses to the scene

• Document the damage - Next, you’ll want to document the scene of the car accident and any damage done to either car with photos, videos, diagrams, and/or notes

• Call your insurance - They may offer roadside assistance to help you tow your car if necessary, as well as tell you how to start the insurance claims process

• Contact a lawyer - A car accident lawyer can help guide you through the process of seeking compensation and protect your interests

• See a doctor - If you have been injured, seek medical treatment, which will also serve as evidence for your car accident claim

Insurance Claims for Car Accidents

If you experienced any kind of pain, suffering, or loss as part of your car accident, including damage to your vehicle, physical injury, being unable to work, etc., you may be entitled to compensation from your insurance company or the insurance company of the at-fault driver. The process for making an auto insurance claim requires you to:

1. Send a demand letter 
2. Wait for the insurance company’s assigned adjuster to complete an investigation
3. Receive a response from the insurance company, whether it be an offer or a rejection
4. Negotiate until you accept the compensation offered to you

Legal Guidance and Lawsuits for Car Accidents

If you plan to make an insurance claim, it’s a good idea to hire a car accident attorney to represent your interests. They’ll be able to walk you through the claims process as well as help you get a fair payout. 

In some situations, if you are unable to reach an agreement with your insurance company, you may choose to file a civil lawsuit. That being said, most car accident cases are, in fact, settled outside of court.

Car accidents are an unfortunate and common occurrence. In the course of most adults’ lives, they will be involved in at least one accident. The worst of these accidents are hit-and-run incidents.

A hit-and-run is an accident in which one party, usually the one who initiated the accident, drives off before information can be exchanged between drivers. This violates the expectations of drivers’ behaviors included in their licensing which require them to stop after the accident occurs.

All drivers have duties to fulfill when they are involved in an auto accident. First, an uninjured driver is typically required by state law to alert emergency services if someone is injured. Some states may have additional expectations to fulfill. Additionally, if the accident is considered to be severe, drivers must also alert the police. The final requirement is that the people involved in the accident have to exchange contact and insurance information. 

Hit-and-run is a misdemeanor at a minimum with the possibility of being upgraded to a felony depending on the injuries suffered by the defendant. When a victim pursues a civil case against the hit-and-run driver, they are also usually entitled to punitive damages. 

In most civil lawsuits, the only compensation a victim is entitled to is their real damages. This includes injuries, damage to vehicles, loss of income, or other real damages dealt to the victim.

By comparison, punitive damages are for intentionally or recklessly causing harm, or acting in a particularly harmful manner. Punitive damages are designed to punish intentional wrongdoing on the part of the defendant. Punitive damages are possible because while the accident may have been caused by neglect, fleeing the scene of the crime is an intentional act that can justify punishment.

If you have been involved in a hit-and-run, you will need an experienced auto accident attorney. An experienced auto accident attorney can help you track down the hit-and-run perpetrator and pursue your civil case alongside any criminal charges. The best place to find an auto accident attorney is Attorney at Law.

At AAL, our nationwide network of attorneys and law firms allows us to match you with a local auto attorney in your area. Our partners have the resources, legal expertise, and experience to take on any opponent and emerge victorious. 

In addition to a distinguished case record, our partners excel in client care. The destruction of a vehicle can be devastating, and waiting for a verdict can take a serious toll. That’s why our partners work to keep you up to date and bring the litigation to a swift and positive conclusion. 

Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to justice. 

Few things in life are more stressful than experiencing an auto accident. Unfortunately, in Arizona, it happens all too frequently. Every day in the Grand Canyon state, approximately 350 auto accidents occur, for a total of over 127,000 per year, according to a 2018 Arizona Department of Transportation fact sheet. 

Over 40% of the total number of accidents in Arizona in 2018 resulted in injuries, and sadly, over 900 ended in death. 

If you have had an auto accident that was caused by the negligence of another driver, car insurance could help you recover compensation. However, insurance companies aren’t charities. They are notoriously difficult to navigate and at the end of the day, their bottom line is protecting their interests, not yours. 

In light of this, your best chance to recover the compensation you deserve from your crash is to hire an attorney. 

The hassle of dealing with insurance companies is just one reason that it may be in your best interest to contact an experienced and skilled auto accident and injury lawyer in Arizona who can file a civil personal injury lawsuit on your behalf. 

Another reason to consult an attorney is that proving fault in a collision is not a black and white issue in Arizona. Even though you may think that the other driver was 100% to blame for the accident, Arizona is a comparative negligence state. This means that a court may find one party liable for, say, five or ten percent of the accident. 

To illustrate an example, suppose someone failed to use a turn signal immediately prior to the crash and a third-party witness can verify that claim. In this event, the compensation could be reduced and the person who caused the pain and suffering may even be eligible to receive some compensation. 

A qualified Arizona auto accident lawyer will help establish the facts of your case and present them in the most convincing manner possible should your case go to trial. Your attorney will be able to secure and examine all the evidence necessary to establish your case, including photographic evidence, police reports, medical records, witness statements, etc. 

The best place to find an auto accident and personal injury attorney in Arizona is Attorney at Law.

At AAL, we match you with the best personal injury attorney in your area. Our partners have the resources, legal expertise, and experience to navigate you through the highly complex and contentious field of personal injury law. In addition to a proven track record, our partners also excel in client care. 

Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to receive the compensation you deserve.