Car accidents are an unfortunate fact of life. They can happen anytime to anyone. But while you can’t completely prevent them, you can take steps afterward to protect yourself and your rights. If you are involved in a crash that causes serious injury to you or a passenger, or major property damage to your vehicle, you may be looking at a long road while fault is determined and damages are recovered. But there are some things you can do.

First, and most importantly, you must stay on the scene, aid the injured, and call the police. Montana law requires you to give reasonable aid to injured persons, and failing to do so is a serious crime. Afterwards, if you are not injured yourself, you can be your own best reporter and take note that may strengthen, or even save, your case.

1) Write down what happened. As time goes by the details will inevitably fade. In fact they will probably never be as clear to you again as they are in the moments immediately after the crash. Taking the time to write down a thorough account of what happened can mean the difference between remembering an important detail or losing it forever. Remember to include things like the weather, what the road conditions were, and what time it was.

2) Draw a picture. A diagram of the accident can be extremely helpful later when your attorney is trying to reconstruct what happened. Things to take special note of: the vehicles involved in the accident, any traffic lights, any stop signs, crosswalks, the sun’s location, and where any witnesses were standing. Also the location and length of any skid marks can be important as well. Don’t worry about your artistic skills, this is all about getting the details down.

3) Exchange information. Although most people remember to do this, a little reminder never hurts. Get his name, address, telephone number, license number, insurance company name and policy number.   Also, ask if the other driver is the owner of the vehicle. If not, get that information about the owner as well.

4) Try to get contact information from witnesses and passengers. Having someone else who can corroborate you story of what happened is invaluable.

5) Take pictures of the damage to your car before you have it repaired. If you can, pictures of the other driver’s car before it is removed from the scene as well. Photos of any visible injuries to yourself or your passengers is recommended as well.

The reality is that memories fade and witnesses forget details. It may seem like you will never forget a single detail of what happened to you, but believe me when I say it happens to everyone. The more detailed your record, and the sooner you consult an attorney, the better.

Finally, in the days after the accident I always recommend my clients keep a journal of how their injuries are effecting day to day life for them. While this journal is a topic for a separate post, suffice it to say – the more detailed the better.

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