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Car Accidents... What to do
When You Find
Yourself in One
by
William Copulos, Esq. |
With an ever-increasing number of cars on
the road here in Hawaii, motor vehicle collisions are occurring
with greater frequency. In light of this, the odds are increasing
that you too, will find yourself involved in a collision, either
as a driver, passenger or pedestrian. The following is intended
to provide some helpful advice, should you find yourself in that
unfortunate situation.
Ensure the Police are Notified
Oftentimes, the driver responsible for
causing the collision will attempt to avoid getting the police
involved. Usually this is done by making an offer to pay for all
property damage caused by the collision. The first rule is to
insist that the police are notified. Even if the other driver
does not want to remain at the scene of the collision, the police
should be notified.
Preferably, all drivers and passengers (and
witnesses) involved in the collision should remain until the police
arrive. Investigators will then be able to conduct a complete
and thorough investigation at the scene. A police report will
be generated which will document the facts and circumstances surrounding
the collision. Because police reports have been known to be incomplete
and omit the names and contact information of witnesses, you should
attempt to independently identify witnesses and record their contact
information for later use, if needed.
Ensure Appropriate Medical Care is
Obtained
A collision is a traumatic event that
causes the human body to release various hormones and chemicals
such as adrenaline. As a result, the natural physical reactions
to a collision are nervousness, increased heart rate, and increased
energy. Because of the release of the hormones and chemicals,
injuries are oftentimes not immediately felt. For example, what
initially feels like a minor "twinge", or like nothing
at all, will often cause a great deal of pain 12 to 24 hours or
more following a collision. Therefore, the slightest pain or discomfort
should be checked by a family doctor or emergency room physician
as soon as possible. You should not assume that because you do
not feel significant pain immediately following a collision that
you are not seriously injured.
Personal Injury Protection
Hawaii is still a "no-fault"
state. Hawaii law requires all drivers to carry personal injury
protection (formerly called no-fault insurance) on their motor
vehicles. These benefits are intended to pay for medical treatment
for injuries resulting from a collision, regardless of fault.
Drivers and passengers are covered by the insurance covering the
vehicle they are in at the time of the collision. Pedestrians
and bicyclists are covered by the insurance covering the vehicle
that struck them. Where uninsured vehicles and drivers are involved
in a collision, Hawaii's insurance law provides for a number of
possible alternatives.
Consult a Personal Injury Attorney
that Handles Motor Vehicle Collision Cases
A personal
injury attorney who handles motor vehicle collision cases can
advise you of potential sources of insurance benefits. Such an
attorney will be able to assist you in obtaining the benefits
available to you under the laws of this state as well as resolve
any problems that arise relating to those benefits. Unfortunately,
problems arise all too often.
In addition to personal injury protection benefits, an attorney
can advise and represent you in claims against the individual(s)
responsible for the collision. Not everyone injured in a motor
vehicle collision is able to make a claim for injuries and damages,
including pain and suffering. Only those victims who have suffered
what the law finds to be serious injuries are permitted to make
a claim. The only way to know for sure whether you have suffered
an injury for which you can obtain compensation is to consult
an attorney.
The time for such a consultation is as early as possible. The
earlier an attorney can get involved in a case, the better off
everyone is. Not only does it give an accident victim peace of
mind to know that all that can be done to ensure appropriate compensation
is being done, but it also affords the attorney the opportunity
to conduct a complete and thorough investigation. The best time
to speak with and obtain statements from passengers and witnesses
is while their recollections are fresh. Details such as distances
and color of traffic lights, for example, fade and become distorted
with time. Further, the best time to get physical evidence is
before the evidence is moved, altered, or destroyed. For these
reasons, it is recommended that you speak to an attorney as soon
as possible.
We hope this "primer" is helpful in providing guidance
should you find yourself in the unfortunate situation of having
been involved in a motor vehicle collision. Follow these pointers,
and you will be well on your way to receiving the benefits and
compensation to which you are entitled.
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