What Happens After a Car Accident That Is Your Fault

The US General Services Administration notes that approximately 6,420,000 car accidents occur in the United States annually, and 98% of them are due to human error [1]. If you’re at fault, you must protect your legal rights to avoid more significant consequences.

Our Chicago personal injury attorneys can walk you through the insurance claims process, ensure that fault is correctly allotted between you and other drivers, and help protect you from other parties that may attempt to harm your reputation.

The Immediate Aftermath

You must stay at the traffic accident scene, call the police, and wait for the police to arrive. While it’s tempting to flee the scene, this can cause further legal complications. If the car accident happened to cause serious injuries or death, you may be facing a felony charge for leaving before police arrive.

There are exceptions in most states if you must leave the scene to get cell phone service as long as you return immediately.

Ensuring Safety and Seeking Medical Attention

After auto accidents, you must remove all damaged motor vehicles from the roadway if possible, as this will avoid a pileup that could lead to further injuries.

You should check everyone at the scene for injuries, encouraging them not to move more than necessary. Car crashes are one of the leading causes of spinal cord injuries nationwide, and moving a patient without appropriate care can result in further damage or even paralysis.

Always call 911 after a car crash to get proper medical attention.

Exchanging Information and Documenting the Scene

While at the scene, you should gather contact and insurance information from other involved parties and get pictures of damaged property and injuries. When you exchange information with other drivers, get these details:

• Name
• License plate number
• Car insurance policy number
• Phone numbers for the insurance agent
• Phone number and email address

You should also get photos of yourself, your injuries, and the car accident scene. This includes:

• Interior and exterior shots of vehicle damage
• Vehicle damage to other cars
• Skid marks
• Any damage to traffic control devices like signs or road markers
• Bruises, scratches, or broken bones on yourself or the other party

Get both close-ups and distance shots of every aspect of the scene. Your personal injury lawyer can use this and other evidence to determine fault, including any fault the others share with you.

Notifying the Authorities

When you call 911, the dispatcher will usually also send police, who can set up barriers to protect everyone while they gather statements. You will provide a recorded statement that will be included in the police report.

While honesty is important, you should not apologize or say you were entirely to blame. Your car accident attorney and the insurance company are responsible for proving fault; your objective is to provide an accurate account of what happened.

Remain responsive during the investigation process and answer any questions they may have as honestly as you can.

Reporting the Accident to Your Insurance Company

Next, you must report the accident to your car insurance company. Your policy details should provide instructions on how to submit a report online or by calling your agent.

Provide the evidence you gathered, like photos and contact information for the other driver. You’ll also want to provide medical expenses, police reports, and invoices for car repairs. This will all be sent to an insurance adjuster, who will determine your policy limits and determine how much to pay. Be as accurate and truthful as possible.

Cooperating with the Claims Adjuster

Insurance companies want to avoid paying for anything; if you take the blame, they will use this to deny coverage. When speaking with a claims adjuster, never say that you were at fault, as this will make you legally responsible for all damages.

Instead, focus entirely on the facts of the accident. Do not answer personal questions about how you are feeling. Redirect the adjuster to your personal injury attorney, who can handle further communications.

Potential Legal Consequences

A car accident may involve several legal consequences depending on the circumstances. This is why it is essential to work with an experienced attorney who can guide you through the process and ensure you do not face unnecessary repercussions.

Traffic Tickets and Fines

If you cause a car accident, you will likely get a ticket for the cause of the crash, whether speeding, distracted driving, or failure to yield. Fines vary greatly by state and may be heightened depending on whether this is your first offense or if there were other factors, like excessive reckless speeding.

Civil Lawsuits

You may also be responsible for the other driver’s damages if they sue you. The likelihood of this depends on your state and the accident’s severity.

In no-fault states, the other driver cannot sue the at-fault party unless the personal injuries are severe, while in other states, anyone can sue regardless of the severity.

In a civil lawsuit, you will be responsible for repairs to the other car, pain and suffering damages, medical expenses, and lost wages.

Criminal Charges

If the car accident resulted in severe injury or death of any person, the at-fault party may be criminally charged. This is especially true if there were aggravating factors like driving while intoxicated, texting while driving, road rage, or excessive speed.

In these cases, you would need a criminal defense attorney to help protect your rights, which differs from personal injury law.

Protecting Your Rights and Interests After a Car Accident

Car accidents can result in severe legal and financial issues, so it is important to remain proactive and consult with experts. Working with an attorney, being mindful of what you say, and documenting everything about the car accident can help you avoid unnecessary stress.

Consulting with an Attorney

Insurance companies and other parties will attempt to blame you for the entirety of the accident, even if you share fault with multiple drivers. An attorney fights and protects your interests, including discussing fair settlement options with insurance agents and drivers. They will ensure you understand your rights and obligations, providing a smooth legal process.

Most importantly, personal injuries are well-versed in your jurisdiction’s laws surrounding accidents. The laws around partial fault vary from state to state, as do how these faults are calculated. Even though the accident was your fault, you may not be entirely to blame, and even a few percentages less of fault can make a difference in how much you have to pay.

An attorney will ensure that fault is fairly proportioned so that you are only responsible for your portion of damages.

Avoiding Self-Incrimination

Even if you do not doubt that you were responsible, you should never admit fault to the other driver or insurance adjusters. Admitting that the accident was your fault will make it easier for insurance companies to force you to pay more than your fair share.

Avoid discussing the car accident with anyone but your legal advisor and the insurance agents as necessary. Do not post pictures or share details until the settlement process ends and the case concludes.

Gathering Evidence and Witness Statements

Your percentage of partial fault matters, as it determines how much you must pay. You must document the accident and collect evidence to support your case. Gather together vehicle repair invoices, medical records, police reports, photos, and videos from the crash scene.

You should also write a summary of the events in your own words to provide to your attorney, who can then utilize this to assess better how the accident happened.

Dealing with the Financial Impact of a Car Accident

Medical bills and repair costs can add up quickly, as can time spent off work. This is especially true if you were at fault, as you may have difficulty getting compensated.

Property Damage and Repair Costs

How much you have to pay will depend on your insurance type. Liability insurance will pay for the other person’s repairs and property damage, while collision coverage pays for your losses in the accident. Be sure to check your policy and ensure that you get everything you are entitled to.

Medical Bills and Lost Wages

Your insurance policy will also determine whether you must pay for your medical costs or if these are covered. If you have medical payments coverage, this will cover your expenses, while some states require Personal Injury Protection (PIP), which pays for time off work and medical costs.

Increased Insurance Premiums

Unfortunately, your insurance rates will likely increase after an accident that was your fault. Your agent will explain how much you can expect to pay so that you can plan accordingly.

Even if you live in a no-fault state, where everyone files with their insurance plans regardless of who was at fault, an accident will likely impact your car insurance rates.

Contact a Car Accident Lawyer to Fight for Your Rights!

A car accident is disorienting and frightening, so having an ally is crucial throughout the process. Our leading Chicago car accident law firm will help advocate for you and ensure you receive the best possible outcome, even when you are at fault.

Contact us at (888) 424-5757 or online for a free consultation.

References: [1] US General Services Administration

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.