South Carolina Car Accident Injury Law Firm - Peake & Fowler

What Should I Do Immediately Following A Car Accident

Getting into a car accident is a stressful experience, even when one or both parties only sustain minor damage. Since remaining calm and thinking clearly immediately after an accident can be challenging, we encourage you to review this information, print it, and keep it in your car in case you need it.

Always Remain at the Scene of a Car Accident

You could face legal consequences if you leave an accident scene without waiting for the police and exchanging information with the other driver. This is true whether the other party sustained injuries or not. Pull your car over to the side of the road as much as possible and turn on your emergency flashers. You should not get out of the vehicle at this point.

Check for Injuries Immediately

If anyone in your vehicle appears unconscious or complains of back or neck pain, do not try to move him or her on your own. Talk to the person and try to keep him or her calm until an ambulance arrives. However, you must evacuate passengers immediately if the car becomes engulfed in flames or you smell gas. Be sure to support each person’s head, neck, and back the best you can. If you have a cell phone, call 9-1-1 immediately to request an ambulance if needed and a police officer to take a report. If not, flag down another motorist to make the call.

Give Information to Police and Exchange Details with the Other Driver

The police officer responding to your call will ask you and the other driver for the following:

  • Full legal name
  • Date of birth
  • Street address
  • Car insurance policy number and name of insurance company
  • Brief description of how the accident occurred

Under South Carolina state law, you must carry proof of insurance and provide it to a law enforcement officer on request. The police officer should give you his or her name, contact information, and badge number. You need this information to get the police report later, so be sure to ask for it if not offered.

You also need to get contact and insurance details from the other driver as well as the license plate number of his or her car. The police officer will likely ask for contact information for adult passengers in both vehicles. Even if you think your actions caused the crash, don’t accept responsibility for it at the scene. You don’t always know all the details in the chaotic moments right after an accident. If you learn more later and wish to pursue a lawsuit, the other driver could have the case dismissed by stating that you accepted liability.

Take Pictures and Speak to Witnesses

Most smartphones have a built-in camera, so be sure to take pictures of your vehicle at the scene of the accident. If you don’t have a camera available or are unable to take pictures, ask your passengers or witnesses to the crash to take pictures for you. Having photos of the damage immediately after the accident helps to prove your claim to the insurance company. You can still snap photos after you get your car home or to a body shop if you don’t have a camera available at the time.

People riding with the other driver are likely to support his or her version of events, so make sure you speak to other witnesses if possible. Drivers and passengers in cars directly behind your vehicle or pedestrians may have seen the entire thing. Be sure to ask for the name, telephone number, and accident description from anyone willing to talk. However, don’t pressure any witnesses since the police will ask them the same questions.

You should report the accident to your insurance company as soon as you get home. The law firm of Peake & Fowler is also available to pursue a personal injury case if you sustained injuries due to the negligence or recklessness of the other driver.  A personal injury lawyer can fight for the rights of accident victims and help ensure insurance companies deal with them fairly. While a car accident is stressful, you shouldn’t have to continue suffering in a continuing struggle to receive compensation.  Contact the Peake & Fowler Law Firm at (803) 788-4370 and one of our Injury Attorneys will help you with your accident injuries.