No one expects to be involved in a car accident. When it does, be careful what you say because it can affect your claim. Anything you say can become evidence that the other driver's attorney will try to use against you in court. Make sure to avoid saying the following phrases or anything similar. Also, avoid posting anything about the accident on social media. It will hurt your legal claim.
“It's My Fault”
Even if you think you caused or contributed to the accident, don't say it was your fault right after the accident. You don't know all the factors that caused the accident. Saying it was your fault without knowing all the facts can unnecessarily cause you grief and problems. Call an experienced car accident attorney before you discuss fault with anyone.
Many people are just nice. Seeing the aftermath of an accident can cause many to feel sympathy for the other driver. If you apologize for the accident, you might as well admit fault. The other driver, the investigating officers, and witnesses, if any, may hear you apologize and misconstrue your statement as an admission that you caused the accident when you didn't. It's fine to ask if the other driver is injured, but avoid any statements suggesting an apology.
After an accident, you may not notice injuries right away. Car accidents are incredibly stressful events and your body will generate adrenaline and endorphins that can block pain. This is common in athletes who may get hurt in a game. They continue to play and don't notice the severity or pain of the injury until the game is over. After a car accident, you may not notice injuries for hours, days, or even weeks after the accident. Because of this, you should avoid saying you are “okay” or “I'm fine” at the accident scene. If you notice pain later down the road, your statement that you were uninjured at the scene or posted on social media can create problems with proving your injuries are related to the car accident.
“I Think This Happened”
After an accident, don't guess at what happened. You should only state facts. State everything you saw, heard and felt. Don't guess about anything that occurred because it could be used against you later. If you don't know exactly what happened, then tell the people around you that you don't know. A police investigation of the accident and statements from eye witnesses can help fill in the gaps.
“This Is My Recorded Statement”
Never submit to a recorded statement without talking to an experienced car accident lawyer first. If a recorded statement is necessary, your lawyer can help you draft and submit a statement to the insurance company and police.
Contact Hernandez Redden Sunosky, LLP for a Free Consultation.
If you've been injured in an accident, contact Hernandez Redden Sunosky, LLP for a free, no obligation consultation with our top-rated Houston car accident attorneys. We will evaluate your claim and help you understand which legal options may be available to help you obtain the justice and compensation you deserve.
We work only on a contingency fee basis, which means there are no upfront fees for our services. You only have to pay us if we recover compensation for you.