When a driver experiences an accident, their body’s natural reaction is to “fight or flight” through it — flooding their system with a rush of adrenaline. These hormones then increase their heart rate and heighten their alertness to try to direct them to confront the danger in front of them.
However, this bodily response may also be a source of panic, leading them to make unnecessary mistakes that can affect their legal rights.
Not reporting the accident
Under Oregon car accident laws, any traffic collision that has caused an injury, a death or over $2,500 in property damage must be reported to the Department of Motor Vehicles (DMV). This report is separate from the local police’s crash report.
When a driver fails to report their accident to the DMV within 72 hours after it occurred, they risk having their license suspended and receiving a Class B traffic violation.
Delaying medical care
Car crash victims will often downplay their injuries or delay their medical treatments. This action can not only make their injuries worse but also affects the validity of their personal injury claim.
When a crash victim delays receiving medical care, it leaves a dated gap in their medical records. This detail can be used by their insurance company to argue that their injuries did not come from the accident.
Not collecting evidence
While it is understandable that not all crash victims will have the physical capacity to take photos and videos of their accident, obtaining these types of proof are a critical aspect of any personal injury claim and/or lawsuit.
For example, a crash victim passed out and was taken to the hospital. After receiving treatment and resting at home, they can choose to return to the scene of the crash to gather evidence.
Alternatively, they can also ask their family to do this for them or seek help from a lawyer who can guide them throughout their personal injury protection (PIP) claims process.
By staying informed, you can make better choices
The steps you take after a crash are important for your well-being and your rights. By learning about which mistakes you need to avoid, you can make informed decisions that can lead you to better outcomes.