Although no one plans to be in a motor vehicle accident, each year in the United States roughly 43,000 people are killed and 2.4 million people are injured in traffic accidents. Thus, while defensive driving to avoid accidents is important, it is also crucial that everyone knows what to do after a car accident in Houma, Terrebonne Parish, or anywhere else in Louisiana. That’s because, unfortunately, many accident victims make critical mistakes in the moments, hours and days following a crash that can jeopardize their ability to obtain fair compensation under Louisiana law. Sometimes these are simple mistakes that could be avoided, whereas other times our Houma car accident lawyer knows that some mistakes are forced by insurance adjusters who aggressively handle claims – sometimes even denying otherwise valid claims.
Here at the Patrick Yancey Law Firm, we won’t let defense lawyers and insurance adjusters undermine or deny car accident victims the compensation that they deserve for their damages after a traffic wreck. Our compassionate and experienced Houma car accident lawyer understands that victims and their families often face significant physical, emotional and financial hardships due to motor vehicle accidents throughout Louisiana – including right here in Houma and the rest of Terrebonne Parish. We have experience handling personal injury claims across Louisiana, including against some of the top defense law firms and insurance carriers in the region. To learn more about your rights and what to do after a car accident in Houma, schedule your free consultation with our Houma car accident lawyer.
The moments immediately following a car accident are critical for protecting your health, safety and legal rights. Although it is natural to feel shaken, confused or even panicked after a collision, taking the proper steps at the accident scene can make a substantial difference in your ability to recover compensation later. Understanding what to do after a car accident in Houma helps ensure that you have the evidence and documentation necessary to support your claim under Louisiana law.
The initial steps to take immediately after a car accident in Houma include the following:
Although the basic steps outlined above are essential in the immediate aftermath of a collision, there are additional advanced precautions that victims must take in the days, weeks and months following a car accident in Houma. Many accident victims unknowingly jeopardize their claims by making seemingly innocent mistakes that insurance companies and defense attorneys later use to minimize or deny compensation. Sometimes this is done through motion practice, whereas other times it may be at trial and before a jury or judge. Understanding these advanced steps what to do after a car accident in Houma is just as important as knowing what to do at the accident scene itself, and can be the difference between a successful recovery and a denied claim.
Our Houma car accident lawyer knows that insurance companies employ teams of adjusters, investigators and defense attorneys whose primary goal is to pay out as little as possible on claims. They actively look for any reason to question the severity of your injuries, dispute liability or argue that your damages are not as extensive as claimed. Sometimes they even engage in specific tricks to get victims to admit fault when there really was no fault from the victim. That is why taking the following advanced steps to protect your car accident claim is critical for anyone seeking compensation under Louisiana law.
The advanced steps to protect your car accident claim in Louisiana include the following:
For many people, social media is an important part of their day when they speak with friends or family, post photos or videos, and give status updates or make comments on other posts or events that other people or businesses post. But after a car accident, anyone hurt should completely stop posting, liking or commenting on anything that is on social media until the claim is resolved.
That’s because anything that is posted on social media is usually “discoverable” in a lawsuit. Materials that are discoverable in a lawsuit are those which tend to prove or disprove a claim or affirmative defense. Said differently, anything that is relevant to the car accident or the victims injuries might need to be shared with the other side.
Thus, never post anything about the accident. Even if you post something “the drunk guy ran a stop sign and hit me,” that could still be used by the other side to make you look bad in front of the jury – especially if the other driver was not intoxicated.
But even posting things such as status updates, photos at stores or parks, liking a new restaurant’s post about a grand opening, or commenting on a friend’s status update, could all be spun in a way to hurt your damages claim. That’s because these points may all go to your quality and life, and namely, whether the accident really impacted your quality of life if you were able to stores, parks or new restaurants, or what you’ve said in other comments.
Therefore, while it may be permissible to just watch other pages or friends/family who post things, just read them – do not engage with anything on social media until your case has concluded.
Private conversations are not really all that private. Even if you believe you are texting with a friend or in a messenger app that is just you and another person, anything you say could be discoverable.
But how?
One of the most basic questions in an examination before trial, also known as an EBT or simply a deposition, is the following: “Have you spoken to anyone about this accident or your injuries?” Besides your lawyer or spouse, other conversations you had with other individuals is discoverable. That means you’ll have to share it with the other side. Thus, if you said “eh I’m not that hurt” or “I was buzzed too” at the accident, this could seriously impact your damages claim – or even bar it.
Just do not do it. Tell others you can’t speak about your case until it resolves, and appreciate the concern.
Serious personal injuries from a car accident in Houma will often result in time off of work. When you return, you may need certain reasonable accommodations. You’ll need to make that request to your employer or supervisor. Sometimes you will need to mark days off due to what is happening, such as doctor appointments or simply because you could not work.
As you may have guessed it, all of this information may be discoverable in a lawsuit. Thus, be careful what you accept from your employer or say to your employer regarding your needs and capabilities. Also make sure you mark time off as being related to the accident, such as from disability, doctor, court appearances, or personal days from the stress/injuries due to the accident.
Cameras are everywhere nowadays. As you recover, especially from a serious injury, you may be on camera multiple times a day. That’s especially true if you have an outside camera or doorbell camera. This is good and bad, as if you are truly hurt, it will show your injuries. But if you are feeling better, even after a pain injection or just having a good day, even that one recording could be used against you in court.
Remember: You are on camera everywhere. Be consistent with yourself all the time. Even if you are feeling good, do not ruin your claim from one afternoon. The same is true about not feigning or faking your injuries either, as experts can tell the difference and that can also diminish your claim as well. The bottom line is to be cognizant of what you are doing at all times, because there is a chance you are on camera and that could be used in court.
Our cars have become smart cars, able to track our travel time, distance and even speed every day. That may get logged into an app or may stay with the computer’s log. This is particularly true of large commercial trucks which have logbooks and electronic control modules, or ECMs. This information can be used against you in court, especially if you were speeding at the time of your accident.
The same is true for other electronic devices. For instance, Geaux Pass can track the time you go through booths, therefore substantiating your claims of where you were before an accident, the time, and sometimes even your speed. The same is true of post-accident records, including if you claim you were unable to go to work but then your toll pass shows you were working anyway or traveling throughout Louisiana.
Other devices such as smart watches, tablets, and other electronics can even log where you are, what you are doing, and other information that could be used to help support or harm your liability or damages case. Thus, always be mindful of these devices following a car accident in Houma.
If you or a loved one were seriously injured in a motor vehicle accident in Louisiana, the Patrick Yancey Law Firm can help you recover compensation for pain and suffering, medical bills, lost wages and other damages. We offer free consultations with no obligation to sign up and no upfront fees. In fact, our legal fees are only paid from a percentage of what we recover for you and only after a recovery is made in a settlement, verdict or another type of award. Schedule your free consultation to learn more about your legal rights under Louisiana law after a car accident in Houma, Terrebonne or anywhere else in the region, by dialing (985) 313-9791 or by submitting a message through our contact form available on our website.
(985) 313-9791
