Civil Litigation Defense
Thursday, July 19, 2018
You may have been fortunate enough to never get into an auto accident on a New Jersey road, but you never know what the future may bring. Should you become involved in a car crash, there is a possibility the other party might seek litigation against you. However, if you know what to do following a car crash, you can greatly bolster your civil litigation defense in court.
State Farm recommends that you do not admit guilt to the other driver. Do not even apologize. While it is natural for many people to apologize to smooth over an unfortunate incident even if it was not their fault, an apology could be taken as an admission of guilt and undermine your defense in court. You also do not know if anyone near the accident scene has overheard your apology. A witness could later testify of your apology in court.
Once you are able to walk around the accident scene safely, take pictures of your car and the other vehicle, as well as the entire accident scene. Thanks to the camera function in smart phones, almost any motorist with a phone can photograph an accident that they get involved in, provided the phone was not damaged in the accident.
You should also look for any witnesses to your crash. You want to get their accounts of what happened and acquire their contact information in case you need to talk to them later on. Having witness testimony back up your side of the story can be the difference maker in your case.
Additionally, gathering information is key. Do not assume any detail is too small. In addition to names and contact information on witnesses, you want the driver’s license number of the other motorist involved in the accident, the license plate number of the other vehicle, the name of the other party’s insurance company, and the names of other parties that were in the other vehicle. Also copy down the name of the street, road or highway where the accident took place.
Be aware that this article, while educating readers on auto accidents, does not offer legal advice.