What to Do if You’re in a Car Accident This Season

Spring and summer bring more drivers to the road than any other time of year. Road trips, weekend getaways, and longer days all add up to increased traffic and, unfortunately, an increased risk of accidents. Whether you’re on a major highway or a back road you’ve driven a hundred times, a collision can happen in an instant.

If you are involved in a car accident in New Jersey or Pennsylvania, the steps you take in the hours and days immediately following can significantly affect both your health and your legal rights. Here’s what to do.

Stop, no matter what

If you are involved in an accident, you are legally required to stop. Leaving the scene, even if you believe the damage is minor or the incident was not your fault, can result in criminal charges. Pull safely to the side of the road and activate your hazard lights.

If your vehicle is creating a hazard in active traffic and it is safe to move, you may reposition it but do not leave the scene entirely. Check on all passengers in your vehicle and, if it is safe to do so, check on the occupants of any other vehicles involved.

During this time, remain at the scene until you have spoken to law enforcement officers.

Call 911

Contact emergency services immediately, even if the accident appears minor. A police report creates an official record of the incident, which is critical if you later need to file an insurance claim or pursue legal action.

When officers arrive, cooperate fully but stick to the facts. Avoid speculating about what happened or blaming at the scene. Ask the responding officer for their name and badge number, as well as how to get a copy of the accident report.

This report will be one of the first things an attorney or insurance adjuster requests.

Exchange information

Exchanging information with the other driver is a standard practice, but keep the conversation brief and factual. Ask the other driver for the following:

• Full name and contact information
• Driver’s license number
• License plate number
• Insurance company and policy number
• Vehicle make, model, and year

It is natural to feel shaken or emotional at the scene, or to feel concern for the other party. Even so, avoid apologizing, explaining your version of events, or making any statement that could be interpreted as an admission of fault.

What you say at the scene can be used against you later.

Seek medical attention

Seeking immediate medical attention is one of the most important steps you can take following an accident, but it’s one of the most commonly skipped.

When you’ve been in an accident, adrenaline can mask pain and delay the onset of symptoms. Injuries like whiplash, concussions, internal bleeding, and soft-tissue damage may not be immediately obvious but they can become serious quickly.

Seeking prompt medical attention does two things:

1. It protects your health
2. It creates documentation that directly links your injuries to the accident.

That record is essential if you pursue a personal injury claim. Gaps in medical care, even brief ones, can be used by insurance companies to argue that your injuries weren’t caused by the crash.

This applies to passengers as well. If anyone in your vehicle was injured, encourage them to seek medical attention immediately, and keep a record of their care.

Document the scene

If you are physically able to do so safely, document as much as possible before vehicles are moved or conditions change. Use your phone to capture:

• The position of all vehicles involved
• Visible damage to all vehicles
• Road conditions, traffic signals, and signage
• Skid marks, debris, or other physical evidence
• Any visible injuries

If there are witnesses, get their names and contact information. Witness accounts can be valuable in establishing what happened, particularly when the other driver’s version of events differs from yours.

Write down what happened

Memory fades quickly, especially after a stressful event. As soon as you are able, ideally the same day, write down everything you can recall. Include items like the direction you were traveling, the speed of the vehicles involved, weather and road conditions, what the other driver said or did, and the sequence of events leading up to the collision.

In the days and weeks that follow, keep a running log of your symptoms, medical appointments, and any ways the injury is affecting your daily life, including your ability to work. This record can become important evidence.

What not to do after a car accident

Knowing what to avoid is just as important as knowing what steps to take. After an accident:

• Do not admit fault or apologize, even casually. Statements made at the scene can be used against you in a claim or lawsuit.
• Do not provide a recorded statement to any insurance company, including your own, without first consulting an attorney.
• Do not post about the accident on social media. Photos, comments, or check-ins can be used by insurers to undermine your claim.
• Do not repair your vehicle until it has been inspected and documented. Vehicle damage is evidence.
• Do not wait to seek legal advice. In both New Jersey and Pennsylvania, injured parties generally have two years from the date of a car accident to file a personal injury lawsuit. Delaying legal counsel can limit your options.

Call your insurance

Insurance policies typically require you to report the accident promptly. Not doing so can jeopardize your ability to file a claim.

When you file your claim, keep the conversation factual and limited to the basic information

In New Jersey, standard auto policies are required by law to include Personal Injury Protection (PIP) benefits, which cover your medical expenses regardless of who caused the accident. Whether you can pursue additional compensation, including for pain and suffering, depends on the options you elected when you purchased your policy, not just the severity of your injuries.

In Pennsylvania, no-fault coverage is a choice drivers make when purchasing their policy, and the same principle applies: your ability to pursue certain claims depends on the coverage you selected. You can still pursue other legal options, particularly if your injuries are serious.

Insurance companies, including your own, are focused on minimizing payouts. An experienced personal injury attorney can handle communications with insurers on your behalf, protect you from tactics designed to reduce your claim, and pursue the full compensation you are owed for medical expenses, lost wages, and pain and suffering.

Injured in a Car Accident? Stark & Stark Is Here to Help

At Stark & Stark, our car accident attorneys have decades of experience representing accident victims across New Jersey and Pennsylvania. We know how to investigate accidents, deal with insurance companies, and fight for the full compensation our clients are owed.

If you or a loved one has been injured in a car accident, contact us today for a free consultation.