What to Do (and Not Do) Immediately After a Rear-End Collision
Rear-end collisions can happen in a split second, leaving you shaken and unsure of what to do next. If you've been in a wreck, you need an attorney who will protect your rights and fight for the compensation you deserve. Seeking legal help is an important step because even a seemingly minor fender-bender can lead to significant physical and financial problems down the road.
At Whit A. Thomas, Attorney at Law, we understand how disorienting this experience can be. For decades, our founding attorney has dedicated his practice to helping individuals and families across Alabama recover after an accident. We believe in providing direct, personal guidance to every client.
Located in Foley, Alabama, we serve clients throughout Baldwin County, Escambia County, Mobile County, and Monroe County. Reach out to our firm today to explore what you should and should not do immediately after a rear-end collision.
What to Do Immediately After a Collision
The moments following a rear-end collision are often filled with adrenaline and confusion. Taking the right steps can protect your health and any future personal injury claim you may need to file.
Prioritize Safety and Check for Injuries
Your first priority should always be safety. Move your vehicle out of traffic if it is safe to do so. Turn on your hazard lights to alert other drivers. Next, check yourself and your passengers for any injuries. If anyone is hurt, call 911 to request medical assistance and police.
Even if you feel fine, obtain a thorough evaluation by a medical professional. Some injuries, like whiplash or internal bleeding, may not be immediately apparent and could lead to complications if left untreated.
Call the Police
Regardless of how minor the accident seems, you should always report it to the police. A police report is an official document that records the details of the crash, including the date, time, location, parties involved, and a preliminary assessment of what happened.
Insurance companies will almost always require a police report to process a claim. When the officer arrives, provide a clear and factual account of the event. Avoid guessing or speculating about what caused the crash.
Gather Evidence at the Scene
If you are physically able to, document the accident scene in as much detail as possible. This information will be very valuable later when pursuing compensation. The key types of evidence you should gather include the following.
Take photos and videos: Use your smartphone to capture everything. Get wide shots of the entire scene, including traffic signs and road conditions. Take close-up photos of the damage to both vehicles from multiple angles. Photograph any visible injuries you or your passengers have sustained.
Exchange information: Get the other driver's name, contact information, driver's license number, and insurance policy details. Additionally, record the make, model, and license plate number of their vehicle. Be polite and calm, but be careful not to admit fault.
Talk to witnesses: If anyone saw the collision, ask for their name and phone number. Independent witness statements can be powerful evidence in supporting your version of events.
What Not to Do After a Rear-End Collision
The actions you avoid can be just as important as the ones you take. Certain mistakes can jeopardize your health and your ability to receive fair compensation. Some of the most common types of mistakes include the following.
Don't Apologize or Admit Fault
It's a natural human reaction to say "I'm sorry" after an accident, even if you are not at fault. However, you should avoid making any apologetic statements. An insurance company could interpret this as an admission of guilt, which can be used against you to deny or reduce your claim. Stick to the facts of what happened without assigning blame to yourself or others.
Don't Give a Recorded Statement to the Other Driver's Insurance
The other driver's insurance adjuster will likely contact you soon after the accident. They may sound friendly and helpful, but their job is to protect their company's bottom line. They may ask you to provide a recorded statement about the accident. You are not legally obligated to do this, and it's wise to avoid providing any statements until you have spoken with an attorney.
Adjusters are trained to ask questions that can be twisted to make it seem like you were partially at fault or that your injuries are not as severe as you claim.
Don't Post About the Accident on Social Media
In today's connected world, it can be tempting to share your experience on social media. Refrain from posting any details, photos, or comments about the accident online. Insurance companies and their lawyers regularly search social media profiles for any information they can use to weaken a claim.
A simple photo of you out with friends could be used to argue that your injuries are not preventing you from enjoying your life. Therefore, it's best to keep all information about the crash private.
Alabama's Rear-End Collision Laws
In Alabama, the law generally presumes that the driver who strikes a vehicle from behind is at fault. This is based on the rule that every driver has a duty to maintain a safe following distance and be prepared to stop. However, this presumption is not absolute. The rear driver can sometimes argue that the front driver contributed to the crash, for instance, by braking suddenly without justification or by having nonfunctional brake lights.
Alabama follows a rule called contributory negligence. Under this rule, if you are found to be even 1% at fault for the accident, you can be barred from recovering any compensation at all.
This is precisely why having a skilled attorney is so important. An insurance company may try to find any small reason to assign a tiny percentage of fault to you to avoid paying the claim. Your attorney will know how to counter these tactics and build a strong case that demonstrates the other party's full responsibility.
The Importance of Seeking Medical Attention
Even if you walk away from a rear-end collision uninjured, you should see a doctor as soon as possible. Adrenaline can mask pain, and some serious injuries have delayed symptoms. Conditions like whiplash, concussions, or soft tissue damage may not become painful until hours or even days later.
Getting a medical evaluation immediately accomplishes two things. First, it protects your health by identifying and treating injuries before they worsen. Second, it creates a medical record that links your injuries directly to the accident. This documentation is a key piece of evidence when seeking compensation for your medical bills and pain and suffering.
Personal Injury Attorney Serving Baldwin County, Alabama
At Whit A. Thomas, Attorney at Law, we have steadfastly advocated for victims of rear-end collisions in Alabama since 1980. We're dedicated to helping you obtain justice and payment for your losses. With decades of experience in personal injury and wrongful death cases, our attorney possesses the knowledge needed to pursue the maximum settlement you are entitled to.
To schedule an appointment, call our office or contact us online. We offer free initial consultations. Don't delay in taking the steps you need for your recovery.
Located in Foley, Alabama, we serve clients throughout Baldwin County, including Bay Minette, Daphne, Elberta, Fairhope, Foley, Gulf Shores, Orange Beach, Summerdale, Magnolia Springs, Bon Secour, Fort Morgan, Lillian, Silverhill, Loxley, Robertsdale, and Spanish Fort; Escambia County including Atmore and Brewton; Mobile County including Citronelle, Eight Mile, Grand Bay, Irvington, Mobile, Prichard, Saraland, Satsuma, Semmes, Theodore, Tillmans Corner, and Wilmer; Monroe County including Monroeville.