What NOT to Say Following a Car Crash
The law may provide you the right to sue and receive compensation for your losses if you’ve been hurt in an automobile accident. However, injured claimants frequently are unaware of how their legal claims may be affected by the comments they make after an accident.
Even a simple, cordial interaction (whether with an insurance adjuster, the opposing attorney, or the negligent motorist) might result in revelations that undercut your claims and keep you from collecting the money you are due.
Naturally, you should use caution while making remarks, but novice litigants might not be aware of the characteristics of “risky” statements. As a result, it’s crucial to contact a knowledgeable auto accident attorney who will handle your case and act as your spokesperson. This will stop any disclosures that could be harmful. Call 11112222 to speak with a lawyer and receive free legal counsel right away.
But let’s first take a quick look at some fundamental problems with verbal disclosures.
Disclosures may weaken your argument.
Disclosures may weaken your case in a variety of ways, including:
The allocation of blame and liability in the dispute may be affected by disclosures that can be interpreted as a “admittance of fault”; conversely, disclosures that result in a conflicting interpretation of the facts (relative to the accident) may weaken the case for liability or limit the amount of potential damages that may be asserted.
This could seem like confusing “legalese” to some readers, so let’s look at a straightforward example to make things clear.
Example
Imagine you suffer injuries in a vehicle accident. You can spend some time at the scene of the accident talking with the driver who rear-ended you in order to cause the accident before you go to the hospital for diagnostic procedures and treatment for your injuries. You apologise to them for having applied the brakes too quickly when you believed you saw something on the road; this may have contributed to the actual rear-end collision.
Although it can seem like a simple apology, the truth is that your words could be used against you in court to refute any claims you make. After all, if you’re claiming that the defendant was responsible for your injuries, they may refute that by claiming that you were the one who caused the accident by breaking abruptly and inappropriately.
Accidents can be challenging. It’s preferable to keep quiet about what you “think” happened and speak to an attorney first rather than reviewing the accident yourself and discussing it with others.
Certain Evidence Is Not Acceptable in Court
It’s important to note that some of the statements you unintentionally made at the accident scene won’t be included as evidence. You will greatly profit from this.
Hearsay statements are typically not allowed in court. Statements obtained through hearsay are those that are used to support a claim.
This means that, for instance, if the defendant is attempting to show that you were inattentive to the road at the time of the collision and is attempting to introduce evidence that you claimed you were engaged in an argument with your passenger (when they approached you at the scene of the collision), that evidence may not be admissible. It most certainly counts as hearsay, which is a remark made solely to support a claim.
There are a few exceptions to the hearsay rule, it’s important to remember that. Examples include the following: A) If the statement was a “excited utterance” that you made spontaneously and on the spot, which can be admitted into evidence; B) If the statement was obviously against your own interests (for example, if you admitted to speeding); C) If the statement was one that reflected a “present sense impression” of the situation at-hand; D) And more.
It can be difficult to argue and highly complex when it comes to hearsay and its exceptions. We advise you to contact a knowledgeable lawyer who is familiar with the evidentiary record in order to avoid having unfavourable statements allowed into evidence.
Contact An Expert Car Accident Lawyer Near You For A Free Consultation.
If you’ve been in a car accident, you’ll be communicating with a variety of people (and entities) as you consider your healing options. These conversations could result in revelations that undercut your claims for damages and keep you from obtaining the highest amount of compensation. As a result, it’s imperative that you consult with legal counsel early on in your case.
Your lawyer will serve as a “middleman,” ensuring that you can avoid the inconvenience and annoyance of these legal exchanges as well as any disclosures that can be potentially detrimental.
Get free legal counsel right away!