What to do after a traffic accident in the US?

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Foreign visitors to the USA regularly suffer injuries from traffic accidents. After a traffic accident in the USA, there is often the possibility of receiving a substantial damage award.
This compensation generally consists of reimbursement for material damages, payment for medical treatment costs, and pain and suffering damages. Pain and suffering damages are often awarded at a much higher rate in the US than in other countries. Compensation payments for survivors of fatal accidents are also possible and common in the United States, which is not the case in many other jurisdictions.
Measures immediately after the accident
1. Emergency Calls and Information
- Immediately call the US emergency number 911. Tell the police where and when the accident occurred, and whether emergency medical services or extrication from a damaged vehicle are urgently needed.
- Provide the police and other involved parties with your personal information, including your name, phone number, driver's license number, date of birth, and address.
- Provide details about the vehicle, the vehicle owner, and the liability insurance.
2. Acknowledgment of Debt
- Never admit fault at the scene of an accident. Even statements like „I am so sorry“ or „I didn't see them“ should be strictly avoided. These can have significant legal consequences. In principle, you should avoid making statements about the course of the accident. This is especially true if you are in shock from the accident and/or English is not your native language. Generally, there is no obligation to make a statement to the police.
3. Witnesses and Evidence
- Record the names, addresses, and phone numbers of all parties involved in the accident and all witnesses.
- Take notes immediately after the accident about the cause of the accident and your own observations.
- Search the area for potential witnesses and ask for their contact information. Record the contact information.
Documentation and evidence immediately after the accident
1. Accident site and surroundings
Create a sketch of the accident scene and note all relevant details as meticulously as possible. This includes any signs that might be present near the accident site.
2. Photographic evidence
Take photos of the accident scene from various angles and distances, including your direction of travel, that of the other party involved in the accident, and the perspective of witnesses. Take photos of signs and road markings. This applies in particular to speed limits and right-of-way signs.
3. Suspected alcohol or drug use
Take photos of the accident scene from various angles and distances, including your direction of travel, that of the other party involved in the accident, and the perspective of witnesses. Take photos of signs and road markings. This applies in particular to speed limits and right-of-way signs.
Medical treatment in the USA
1. Medical Documentation
- Seek medical attention as soon as possible after an accident, even with minor injuries.
- Have all injuries medically treated and documented, at every examination and follow-up examination.
2. Photographs of injuries
Photograph all injuries from different angles and distances.
3. Recording of Treatments
If you suspect that the other party involved in the accident is under the influence of alcohol or drugs, inform the responding police officers and insist on appropriate findings.
Medical Treatment After Your Return Home
- Upon your return, you should immediately present yourself to your primary care physician and, if necessary, a specialist for a follow-up examination.
- Insist on detailed documentation of the cause and treatment of the health damage. Often, doctors outside the USA are only willing to do this for a fee. However, this documentation is important for your claim for damages in the USA. Have all injuries treated and documented. Insist on regular follow-up examinations and attend them.
Financial Documentation
1. Loss of income
- Keep an exact record of your loss of earnings, whether as an employee or as a self-employed person, even if the loss is otherwise reimbursed. Record lost working hours, sick days, and hours for doctor's appointments.
- Have your employer issue a certificate for income losses.
2. Treatment costs
- Request copies of all hospital bills, doctor's bills, and therapy bills from the beginning.
- Keep all X-rays and similar diagnostic procedures.
Communication with Insurance Companies and Lawyers
1. Report the accident
Report the accident immediately to your own car insurance company. This is usually the insurance for your rental car. In some cases, additional coverage may also be available through your credit card. Report the accident to your legal protection insurance if applicable. Check your insurance documents to ensure the report is made in a timely and correct manner.
2. Communication with the opposing insurance company, representatives, and opposing attorneys
Often, US insurers try to get a release of liability signed by an injured party. This can also happen after you have returned home, via phone, email, and even in person. Often, individuals commissioned by the insurance company will contact you in your language and offer a quick lump-sum settlement. Sometimes, a lawyer will also contact you on behalf of an insurance company. In such a case, do not engage in any discussions and do not respond, either verbally or in writing. You should simply inform the opposing party to contact their lawyer.
Choosing the Right Lawyer
Immediately after an accident, are you looking for contact with a lawyer in the USA who specializes in traffic accidents involving international visitors? Our firm has been successfully representing foreign accident victims in the USA for nearly 20 years. We have our own offices in several US states and can represent you by legal counsel throughout the USA. Our offices outside the USA serve as a contact point for you in your own language. Where we do not have our own branches, we work closely with local colleagues.
Contact
Urban Thier & Federer Attorneys at Law – Germany/USA
Carl Christian Thier, Esq., Attorney at Law, New York – Germany
Honorary Consul Austria
Please briefly and confidentially describe your case. We will contact you promptly with a clear proposal for the next steps.
Note: This blog/article is for informational purposes only and does not constitute legal advice. The information presented in the blog/article does not replace the need to seek legal advice from a qualified attorney licensed in your jurisdiction regarding your specific case. You should not rely on any statements made in this article. No part of this website creates an attorney-client relationship. We cannot guarantee that the information published is accurate, complete, or up-to-date.