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What to Do at a Car Accident Scene

By Attorney James Whalen | Published on June 24, 2024

The immediate aftermath of a car accident is chaotic. Shock, confusion, and painful injuries can cause multiple parties and bystanders to have emotional reactions.

Following essential steps when dealing with a car accident scene is critical. Such a scene is temporary; acting quickly to preserve details is vital to a successful personal injury case.

If you or your loved one suffered harm during a South Carolina car accident, use care in how you proceed with your legal matters and consider securing an attorney.

What’s Important About the Accident Scene

A car accident scene tells a story.

Determining who is at fault in a car accident is critical to your case. An attorney must prove negligence when pursuing a personal injury claim or lawsuit. The attorney relies on facts and evidence to do so. A car accident scene generally contains vital clues that tell a story about who, what, and how.

Another vital component of a civil case is when. The South Carolina statute of limitations for personal injury or wrongful death is three years. The clock starts running at the moment of injury or death.

Reviewing an accident scene and related evidence takes time. Documentation and evidence gathering at the scene can be critical in pursuing compensation for your damages. This is why you should contact a personal injury attorney as soon as possible after a crash.

Call the Police

Never assume someone else called.

Multiple calls for a car accident are standard for emergency call centers. Law enforcement presence at an accident scene is an immediate need for many purposes.

From traffic control to official report documentation, responding officers can take control of the scene. Generally, an officer’s official accident report identifies the liable party of a car accident.

Police officers are trained in general medical first aid and can apply this aid if they arrive before medics. Even the simplest assistance can make a significant impact in a trauma setting.

Once the police arrive, cooperate with their directives and questions. They intend to assist victims, determine fault, and maintain a safe scene for other road users and first responders.

Do the Vehicles Need to be Moved?

Location is one factor of determination.

Moving heavy vehicles requires proper equipment and time. Moving heavily damaged vehicles cannot occur until all victims are removed from the scene.

A car accident in a busy city intersection differs from a car accident along a rural road. The volume of traffic and safety conditions determine when and how movement occurs.

Tow trucks or rollback transport are often necessary and require their own space within an accident scene. Accident victims should never move their damaged vehicle without direction from a responding police officer.

Take Pictures of the Scene

Put your smartphone to work for you.

Smartphones document the world around us daily. There is almost no better use for one than at the scene of a car accident. If your phone survives the collision impact, you can use it to take photographs and/or videos of the accident scene. Should your injuries prevent you from doing so or if your phone is destroyed, ask a passenger or witness to document the scene.

Sharing photographs or video of your car accident scene only with your attorney is best. Any posts to social media may work against you during your civil case.

Identify Witnesses

Ask people to share contact information.

People who witnessed your accident are most likely those who stopped to help at the scene. Interviews and statements from witnesses can aid your attorney in building your case.

Asking witnesses for their contact information at the accident scene may seem daunting. Depending on your injuries, you may need to ask someone to help you collect the information. A passenger or a bystander can assist you.

Responding law enforcement sometimes collects witness statements at the scene. However, your attorney may also want to interview these witnesses, making contact information vital.

Providing phone numbers, emails, or a business card containing this information is a simple request at a critical time.

Get Medical Attention

Delayed symptoms are dangerous.

Seeking immediate medical attention may seem obvious, yet too often, victims turn down medical transport. A lack of visual symptoms or pain falsely leads victims to believe they are fine.

Some injuries produce delayed symptoms, such as whiplash or a concussion. Other injuries are internal and only discovered with medical imaging.

Shock is another example of a condition that can become life-threatening. Trauma can result in a drop in blood flow through the body. The resulting shock to the system can affect organs.

Possible signs of shock include:

  • Dizziness or fainting
  • Pale and clammy skin
  • Rapid pulse or breathing
  • Weakness or fatigue.

An immediate medical visit to an emergency department or trauma center can save your life and serve as valuable documentation. If you pursue a personal injury case, documentation of your injuries and medical expenses is vital evidence of your damages.

Prompt medical attention can provide peace of mind and possibly prevent a dire medical condition later. It also serves as a crucial tool in your fight for compensation.

Call Whalen Montalvo Attorneys at Law

Your South Carolina car accident attorneys.

A South Carolina car accident is a common yet shocking event. Dangerous drivers are everywhere, and when one loses control of their vehicle, innocent people suffer.

The car accident scene of your crash tells a story. Clearing your head enough to take the abovementioned critical steps may help your personal injury claim or lawsuit.

Sadly, not all victims survive their car accident injuries. If you lost a close loved one due to a reckless driver, you may qualify for a wrongful death case. Legal action will not replace your loved one. However, if successful, it can ease your financial burden. A wrongful death case typically includes damages such as lost wages, lost inheritance for children, funeral costs, and final medical expenses.

Whalen Montalvo Attorneys at Law understand South Carolina civil law. Their commitment to victims of negligence is second to none. With compassion and care, they steer clients through the civil process.

At the same time, James Whalen and Eric Montalvo aggressively fight for compensation clients deserve and not what insurance companies seek to pay. A free consultation with Whalen Montalvo Attorneys at Law leaves you nothing to lose.

Call our office at (864) 770-7710 to schedule your free consultation today. A friendly member of our team will be ready to take your call.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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