The moments following a car accident can be overwhelming. Your adrenaline is pumping, you may be injured, and you’re trying to process what just happened. At Inzina Law, we’ve helped countless Louisiana families navigate these difficult situations, and we know that the actions you take in those first few minutes can significantly impact your ability to recover compensation later.
This guide walks you through everything you need to do after a car accident in Louisiana to protect both your health and your legal rights.
Always Report the Accident
One of the biggest mistakes we see is when drivers agree not to report an accident. The other person might say something like, “This is kind of minor. We don’t need to call the police.” Do not fall for this.
Not having a police report creates significant problems for your case later. Even if you have pictures and witnesses, that official documentation from law enforcement is usually vital to proving what happened.
Your first step should be calling 911. They will direct you to the appropriate law enforcement agency for that jurisdiction and dispatch police, fire, and ambulance services if needed.
What About Parking Lot Accidents?
There are some locations, like parking lots, where you won’t get a traditional police report. You should still report the accident. Local law enforcement may come out and write an incident report. If you’re in a store parking lot, like Walmart, report it to their security team as well.
Document Everything at the Scene
Most people have a cell phone these days, and you should use it to capture as much evidence as possible. We’ve seen cases where someone agrees the accident was minor, then suddenly gets in their car and flees the scene. Don’t let that happen to you.
Take photos of:
- The other driver’s license plate and vehicle
- Your own vehicle and any damage
- Any debris in the roadway
- The other driver’s license and insurance card
- The overall accident scene
Don’t assume that because the accident seems clear-cut, like a rear-end collision, that the other driver won’t change their story. We see it all the time. Someone gets rear-ended, thinks the situation is obvious, and then their insurance company calls to say the other driver is now claiming they caused the accident.
Get Witness Information
Witnesses often don’t stick around. If you notice anyone who saw what happened, get their name and contact information before they leave. This can be invaluable later, especially if the other driver disputes what happened.
Don’t Rely Solely on the Police Report
Police officers are human, and sometimes they make errors when transcribing insurance information or other details. We have cases right now where incorrect information on a police report made it much harder to track down the at-fault driver’s insurance. Taking your own photos of licenses and insurance cards creates a backup.
Be Careful What You Say
Here in Louisiana, we’re known for our southern hospitality. When something bad happens, our instinct is often to apologize and make sure the other person is okay. That’s a wonderful quality in most situations, but after a car accident, it can seriously hurt your case.
We’ve had countless clients tell us they went to the other driver and said, “I’m so sorry this happened.” They weren’t apologizing because they caused the accident. They were just being kind. But those words get twisted and used against them as an admission of guilt.
Our advice: Don’t apologize. Don’t say “I’m sorry.” Don’t say anything that could be construed as admitting fault. Certainly check on the other person and make sure they’re okay, but be mindful of your words.
How to Respond When Asked About Your Injuries
The officer, EMTs, or even the other driver will likely ask how you’re feeling. Here’s something important to understand: your body is designed to get you through dangerous situations. It’s extremely common to feel fine immediately after an accident, only to wake up 24 to 48 hours later in significant pain.
Instead of saying “I’m fine” or “I’m not hurt,” consider something more neutral like: “I’m shaken up, and I don’t know yet. I’ll see my doctor if I need to.” This is honest without putting anything on record that could be used against you later.
Control Your Emotions
We understand that accidents can trigger intense emotions, especially if your children were in the car or you witnessed the other driver doing something reckless like texting. That anger is completely justified.
But in today’s world, everyone has a phone that can record video. Bystanders, witnesses, the other driver, and police officers with body cameras may all be capturing footage. If you’re yelling, threatening, or acting aggressively, that can be used against you later.
We’ve seen cases go to trial where the at-fault driver played the victim, telling the jury something like, “He got out of his car and started yelling at me. I was so scared I stayed in my car.” Even if your anger was completely justified, it undermines your credibility and likability in front of a jury.
Seek Medical Attention
If you’re injured and need emergency care, that should be your first priority. But even if you feel okay at the scene, you should see a doctor within the next day or two.
Many injuries, particularly soft tissue injuries, whiplash, and even some traumatic brain injuries, don’t present symptoms immediately. Getting checked out creates a medical record connecting your injuries to the accident, which is crucial for your claim.
Contact a Louisiana Personal Injury Attorney
You’re not going to go wrong consulting with a lawyer immediately after a crash. At minimum, you’ll get advice on things you might not have considered, like preserving evidence or how to handle communications with the other driver’s insurance company.
The insurance company representing the at-fault driver doesn’t have your best interests at heart. Their goal is to pay you as little as possible. Having an experienced personal injury attorney in your corner ensures someone is fighting for what you actually deserve.
We’re Here to Help Your Family
At Inzina Law, our family fights for your family. If you’ve been in a car accident in Lafayette, Lake Charles, Baton Rouge, or anywhere in Louisiana, we offer free consultations to review your case and explain your options. Contact us today at 337-243-1237 or fill out our online form to get started.