Image Source: Florian Schneider, Unsplash
When packing for a vacation, making a post-accident guide should be just as important as packing clothes, wallets, necessities, and phone chargers. Getting in a car accident away from home brings rental car agreements and different state laws into the equation. You also need to familiarize yourself with the hospitals and legal services located in your destination.
This guide will walk you through urgent post-accident steps for a real-world scenario in Phoenix, Arizona, including safety checks, reporting, on-scene evidence, rental car protocols, medical care, and insurance claims.
Safety Checks and Reporting
Suppose you're visiting Phoenix for a week. You're navigating an intersection downtown when a commercial truck fails to yield while making a left-hand turn, ramming into the passenger side of your car. Thankfully, you used your smartphone as a dash cam and recorded the accident in real-time from your perspective.
You check for injuries and ensure you're in a safe zone before turning your hazard lights on and calling the police. While you wait for the police and paramedics to arrive, you take more photos and videos of the scene. You also obtain important contact information from the commercial truck driver.
When the officer arrives on the scene, you file a report. Later on, you retrieve a copy of the accident report from the local police station; this is vital evidence for your case file, along with your dash cam footage, since you're planning on contacting a truck accident lawyer in Phoenix.
Building an Evidence File
Evidence is critical for potential lawsuits and fair insurance claims. While still on the scene, you capture the following on your phone:
Injuries and videos describing your pain
Car damage
Road conditions and weather
The condition of the commercial vehicle
Time of day
Street signs
Witness statements
License plates
The Intersection layout
Since you collided with a commercial truck, you also need the motor carrier name, the USDOT number, which is printed on the cabin door, the trailer number, and the truck's license plate.
Commercial trucks have Electronic Control Modules (ECMs), commonly known as black boxes, which log vehicle speeds, braking pressure, and throttle positions right before an accident. Electronic Logging Devices (ELDs) also log hours of service to verify if driver fatigue was a contributing factor.
A truck accident lawyer can secure the above evidence by issuing spoliation letters that prevent trucking companies from erasing black box data and repairing the truck before an independent inspection can be scheduled.
Next is medical documentation. The paramedic on-scene takes you to the closest hospital for examination. The ER doctor documents and treats your broken arm, prescribes you medication, and diagnoses you with whiplash for which you're given a neck brace.
Importantly, you must follow treatment plans to a letter. Missing follow-up appointments or prescription refills will create noticeable gaps in your medical record, gaps insurance companies can use to deny you a fair settlement.
State-Specific Laws
Since you're traveling outside of your state, your legal rights regarding accidents are governed by specific state statutes. For instance, since the accident in the above scenario occurred in Arizona, you have exactly two years from the date of the accident to file a personal injury claim or property damage lawsuit, according to the state's statute of limitations under Arizona Revised Statutes § 12-542.
Arizona operates under a pure comparative negligence rule, which allows you to recover compensation for your injuries even if you're found partially at fault. However, your final recovery amount would be reduced in proportion to your degree of fault. So, for example, if a jury awards $100,000 in total damages but finds you 20% at fault for exceeding the speed limit before the collision, your compensation would be reduced to $80,000.
Rental Car Protocols
Since you were driving a rental car in the accident scenario, you notify the rental company about the accident while still on the scene. As per the rental agreement, you don't seek independent repairs, since it's the rental company's protocol to handle all repairs. Doing so could even breach your rental contract.
Insurance
Next, you finally tackle the insurance stage, which is another reason to have a local truck accident lawyer in your contacts. You notify your insurer and only stick to verified facts, as advised by your lawyer.
You also review your personal auto insurance policy to see if your coverage extends to rental car accidents. Luckily, your policy does cover these situations. Plus, the credit card company you used to book the vehicle offers some secondary coverage for physical property damage.
Fortunately, you purchased a Collision Damage Waiver (CDW) with your rental, which covers vehicle damage from accidents.
Plan a Safe Vacation on the Road
When traveling to any destination, take extra precautions on the road; this includes a post-accident checklist should a collision occur. Start with a list of safety checks, followed by evidence tips, legal contacts, rental car protocols, state laws of your destination, and insurance steps.
Add these travel safety tips to your ultimate vacation planning guide. Follow us for summer vacation ideas, itineraries, and more!
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