In the moments following a car accident, there is usually a lot of chaos. The sight of blood, broken bones, severed limbs, dead or unconscious people, etc can cause great shock and fear. It is in such moments that people are most vulnerable and probably can and do make indiscreet claims and statements.

All accident victims under Canada’s no-fault insurance policies are entitled to statutory benefits for medical bills, hospitalization, medication, rehabilitation, loss of income etc. However, in reality, all accidents are due to the fault or negligence of another person and victims are entitled to seek compensation.

Common Causes of Motor Vehicle Accidents

• Impaired driving due to alcohol or drugs
• Speeding
• Distractions like cellphone use, talking/texting
• Reckless and negligent driving
• Road rage
• Bad weather conditions
• Poor road conditions
• Ignoring or failing to see warning signs
• Poorly lit roads
• Rural roads with no markings
• Unfamiliar roads with ramps and exits
• Unsafe or incorrect lane changes
• Rash behavior on the road like tailgating, street racing, drag racing etc
• Tire or auto defects
• Animal crossing

Accident Scene Management

If you’re not seriously injured in the accident, it is better to stay at the scene till a responsible law enforcement authority arrives unless you yourself have to go for emergency help. Don’t undertake any first aid if you’re not a trained medical professional. Contact our personal injury lawyers immediately.

If you’re able to, get all the relevant information from all those involved such as:

• Full names and complete addresses
• Contact phone numbers
• ID numbers
• Vehicle registration numbers

Note down a description of all the vehicles, details of police, ambulance, medical and traffic officials who arrive on the scene, details of tow truck and the personnel involved in towing away the vehicles. If possible, take pictures of the accident.

If no one is hurt, it’s not mandatory that the police have to be called, but the accident has to be reported by both drivers within a specific time period.  Failing to report is an offense.

If you’re hurt or unable to report, then you must authorize someone to do it or report as soon as possible, with explanations about why you delayed.

Never tamper with evidence. If vehicles have to be moved to allow traffic to pass, it must be done only after spray painting the position of both vehicles.

The legal consequences of an accident include:

• Charges of impaired driving
• Charges of Reckless and Negligent driving
• Criminal charges of culpable homicide
• Civil claims for compensation for damages to property
• Civil claims for personal injury

Be Discreet and Stay Silent As Far As Possible 

In minor accidents, where no injury has taken place, the other driver may offer to pay you a certain sum that could compensate you for the damages to your car. They may apologize profusely and suggest that it’s wiser not to get insurance companies into the picture. However, this can be extremely hazardous. Never make any verbal agreements with the other driver, because if they don’t report the accident, their insurance companies could deny your claims later. Ensure that our no win no fee lawyers represent you in all communication.

• Your vehicle may have suffered damages not immediately obvious
• You or co-passengers could have suffered injuries like whiplash or internal bleeding that are not immediately obvious
• Accidents produce fight or flight hormones that could mask any pain due to injuries and you could feel the after effects much later

In case you do make some sort of agreement with the other driver, you may find that the losses are higher than you first estimated and you may want to change your mind later. Though such agreements are not legally binding, it is risky to enter into them at all.

Another issue could be that in the chaos and heat of the moment, you may feel, for some reason that you have some responsibility in the accident and you could make statements that endanger your position later. Even a simple “I’m so sorry, it was my fault” can be used against you later, especially if someone has recorded it.

One of the other important factors is that people may inadvertently give permission or authorization, sign documents without reading them properly or give verbal assurances. This could allow the opposite party’s insurers to access your previous medical history and jeopardize your claims.

Our car accident lawyers can assist you with filing a valid claim for compensation that includes economic and non-economic damages, ensure your rights are protected and that you receive the maximum compensation.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.