The moments immediately after a car accident can be chaotic.

You may be trying to determine whether anyone is injured, whether your vehicle is safe to drive, what happened, and what information you need from the other driver—all while dealing with the stress of an unexpected collision.

What you do during the first few minutes, hours, and days after a Fall River car accident can also affect an eventual insurance or personal injury claim.

Massachusetts has specific requirements for reporting certain crashes and a no-fault automobile insurance system that can make injury claims more complicated than many drivers expect.

If you’ve been involved in a crash in Fall River, these are some of the most important steps to consider.

The First Few Minutes: Focus on Safety

Your immediate priority should be preventing additional injuries.

Check yourself and your passengers.

If someone appears seriously injured, call 911 and avoid moving them unnecessarily unless remaining where they are presents an immediate danger.

If you can safely do so, determine whether anyone in the other vehicle needs assistance.

A collision in a busy area can create another hazard if damaged vehicles or people remain in active traffic. Follow police or emergency personnel instructions regarding moving vehicles and securing the scene.

Do not risk your safety trying to photograph damage or retrieve debris from an active roadway.

Call 911 When Emergency Assistance Is Needed

Police, firefighters, and emergency medical personnel can provide immediate assistance following a serious crash.

A police response can also create important documentation.

Officers may record information such as:

• Driver identities
• Vehicle information
• Insurance information
• Accident location
• Road conditions
• Witness information
• Statements from drivers
• Apparent traffic violations

The police report doesn’t necessarily make the final determination of civil liability.

It can, however, become an important part of the evidence used to reconstruct what happened.

Get Medical Attention for Injuries

Some collision injuries are obvious immediately.

Others may become more noticeable after the initial shock begins to wear off.

Accident victims may experience symptoms involving the:

• Neck
• Back
• Head
• Shoulders
• Knees
• Muscles and soft tissue

If you are experiencing symptoms or believe you may have been injured, obtaining appropriate medical evaluation is important.

Medical treatment is first and foremost about protecting your health.

It can also create documentation connecting your symptoms and treatment to the period immediately following the crash.

Long unexplained gaps between an accident and medical treatment can later make an injury claim more difficult to evaluate.

Before Leaving the Scene: Exchange Information

If your condition allows, obtain information from the other driver.

Useful information includes:

• Full name
• Address and contact information
• Driver’s license information
• License plate
• Vehicle make and model
• Registration information
• Insurance company
• Insurance policy information

If multiple vehicles were involved, gather information from each driver when possible.

You should provide the information required from you as well.

Exchanging information is different from debating who caused the accident.

Photograph the Scene Before It Changes

Accident scenes don’t remain intact for long.

Vehicles are moved.

Debris is removed.

Traffic resumes.

Weather changes.

Skid marks can disappear.

If you can safely take photographs or video, document more than just the damage to your own vehicle.

Consider photographing:

• Every damaged vehicle
• The overall crash scene
• Vehicle positions
• Traffic signals
• Stop signs
• Intersections
• Lane markings
• Road conditions
• Skid marks
• Debris
• Nearby construction
• Visible injuries

Take photographs from different distances and angles.

Close photographs show damage.

Wide photographs provide context.

Both can be useful later.

Look Around for Witnesses

When two drivers give different accounts of a crash, an independent witness can become particularly important.

Ask anyone who saw the collision for their name and contact information.

Witnesses may help resolve disputes about issues such as:

• Who had the green light
• Whether a vehicle stopped
• Speed
• Unsafe passing
• Lane changes
• Pedestrian movements
• Driver behavior before impact

Don’t assume the police will necessarily identify every person who witnessed the accident.

A witness who leaves the scene may be difficult to locate later.

Don’t Try to Determine Fault on the Side of the Road

After a crash, people frequently say things like:

“I’m sorry.”

“I didn’t see you.”

“I think it was my fault.”

These statements may be made out of shock, politeness, or incomplete understanding of what occurred.

You may not know whether another driver was speeding, distracted, impaired, or violating a traffic law before the collision.

Provide accurate factual information to police.

Avoid guessing about things you did not see or making unnecessary conclusions about legal responsibility before the accident has been investigated.

During the First 24 Hours: Write Down What You Remember

Memories fade surprisingly quickly.

Once you’re somewhere safe, write down what you remember about the collision.

Include details such as:

• Where you were traveling
• Direction of travel
• Approximate time
• Weather
• Traffic conditions
• What you saw before impact
• What the other vehicle did
• Conversations at the scene
• Witnesses
• Police response
• Symptoms you experienced

Do not embellish.

The purpose is to preserve your memory while the details are still fresh.

Report the Accident to Your Insurance Company

Notify your automobile insurer promptly and comply with your policy’s reporting requirements.

Keep track of:

• Your claim number
• Adjuster contact information
• Emails and letters
• Repair estimates
• Medical correspondence
• Requests for documents

Be truthful and accurate.

If you don’t know an answer, it is better to say you don’t know than to guess.

This can be particularly important when discussing injuries that are still being evaluated.

Within Five Days: Determine Whether a Massachusetts Crash Report Is Required

Calling the police does not necessarily satisfy Massachusetts’ separate crash-reporting requirement.

Massachusetts General Laws Chapter 90, Section 26 generally requires an operator involved in certain crashes to file a written report when the accident results in:

• A person’s death;
• A person’s injury; or
• More than $1,000 in damage to any one vehicle or other property.

When required, the operator generally must submit the report within five days unless physically incapable of doing so.

Copies are provided to the Massachusetts Registry of Motor Vehicles, the police department having jurisdiction over the location of the crash, and the driver’s insurance company.

For a crash occurring in Fall River, that means the appropriate local police department should receive the required copy when it has jurisdiction over the accident location.

Do not assume that because an officer came to the scene, your operator-report obligation has automatically been completed.

Understand Massachusetts PIP Coverage

Massachusetts uses a no-fault automobile insurance system.

One of its important components is Personal Injury Protection, commonly called PIP.

Massachusetts PIP provides benefits of up to $8,000 per person, per accident, subject to the applicable rules and coverage.

PIP may cover qualifying accident-related expenses including medical costs and a portion of lost wages.

Massachusetts insurance guidance explains that PIP can pay up to 75% of lost wages resulting from an accident.

Medical-expense coordination can become more complicated when the injured person has private health insurance.

That is why accident victims may find themselves dealing with multiple insurers even though the collision involved only two vehicles.

What Does “No-Fault” Actually Mean?

No-fault does not mean nobody is responsible for causing the crash.

And it does not mean you can never pursue a claim against a negligent driver.

Instead, Massachusetts’ system provides certain benefits through PIP regardless of who caused the accident.

Separate claims against an at-fault driver may still be available when the requirements of Massachusetts law are satisfied.

That distinction becomes especially important after a serious injury.

During the First Week: Keep Track of Medical Treatment

If you’re receiving medical care, keep records.

These might include:

• Emergency room documents
• Physician records
• Specialist appointments
• Physical therapy
• Prescriptions
• Imaging
• Medical bills
• Out-of-pocket expenses

Follow reasonable medical instructions.

Missing appointments or stopping treatment without explanation can make it harder to understand both your medical recovery and the extent of the injury.

If treatment is becoming difficult because of transportation, work, insurance, or other practical problems, document what is happening.

Track Lost Work and Income

A car accident can create financial losses beyond medical expenses.

If your injuries cause you to miss work, maintain documentation showing:

• Dates missed
• Hours lost
• Rate of pay
• Overtime normally worked
• Employer communications
• Disability documentation

Self-employed individuals may need additional records to demonstrate lost income.

Massachusetts PIP may cover a portion of qualifying lost wages, but significant injuries can create losses beyond available PIP benefits.

Preserve Vehicle Evidence

If the accident was serious, don’t assume the damaged vehicle has no evidentiary value.

Vehicle damage can sometimes help explain:

• Point of impact
• Direction of force
• Severity of collision
• Whether safety systems deployed
• How the vehicles interacted

Before a seriously damaged vehicle is repaired, sold, or destroyed, consider whether additional photographs or inspection may be appropriate.

This can be especially important when responsibility for the collision is disputed.

Be Careful With the Other Driver’s Insurance Company

An adjuster for another driver’s insurer may contact you shortly after the crash.

The conversation may sound friendly and routine.

Remember that the adjuster is investigating a claim against the company or its insured.

Be cautious about:

• Recorded statements
• Guessing about speed or distance
• Speculating about fault
• Saying you’re “fine” before injuries have been evaluated
• Signing broad medical authorizations without understanding them
• Agreeing to a settlement before knowing the extent of your injuries

You should always provide truthful information.

But truthful information doesn’t require speculation.

Don’t Sign a Release Without Understanding It

A settlement usually involves signing a release.

That release can prevent you from pursuing additional compensation arising from the claim after the settlement is completed.

This becomes particularly important when an injury hasn’t fully healed.

Before resolving a significant accident claim, consider whether you understand:

• Your diagnosis
• Expected recovery
• Future treatment
• Total medical expenses
• Lost income
• Available insurance
• Long-term limitations
• The claims being released

An early payment may solve an immediate financial problem while creating a larger one later if the injuries turn out to be more serious than expected.

During the Following Weeks: Build an Accident File

Keep important information together.

Your file might include:

• Police report
• Massachusetts crash report
• Accident photographs
• Witness information
• Insurance correspondence
• Medical records
• Medical bills
• Prescription expenses
• Pay records
• Repair estimates
• Towing bills
• Rental vehicle receipts

Organization makes it much easier to determine what the accident has actually cost you.

Stay Cautious on Social Media

An insurance company investigating an injury claim may review publicly available information.

Posts can easily be misunderstood.

For example, someone recovering from a back injury might attend a family event and smile for a photograph.

That picture does not necessarily establish that the person’s back has healed.

But taken out of context, it could potentially be used to question the injury.

Avoid posting detailed information about:

• The collision
• Your physical condition
• Insurance negotiations
• Lawsuits
• The other driver

Privacy settings should not be treated as a guarantee that something will remain private.

What If the Other Driver Was Uninsured?

Massachusetts requires compulsory automobile insurance coverage, but accidents involving uninsured vehicles still occur.

Massachusetts mandatory automobile coverage includes protection for bodily injury caused by an uninsured or unidentified vehicle, subject to the terms and legal requirements applicable to the policy.

This coverage can become particularly important in:

• Uninsured-driver accidents
• Hit-and-run crashes
• Certain unidentified-driver cases

The fact that the other driver lacks insurance does not necessarily mean there are no potential insurance benefits available.

What If the Other Driver Fled the Scene?

A hit-and-run requires quick action.

Contact police and provide as much information as you can remember.

Useful details may include:

• Vehicle color
• Make
• Model
• License plate or partial plate
• Direction of travel
• Driver description
• Visible vehicle damage

Look for possible cameras nearby.

Depending on where the collision occurred, surveillance footage might exist from a business, residence, parking facility, or other property.

That footage may not be retained indefinitely.

What If a Drunk Driver Caused the Crash?

When a suspected impaired driver causes a collision, two different legal processes may follow.

The Commonwealth may pursue an OUI prosecution.

The injured person may separately have insurance and civil claims arising from the collision.

A criminal OUI case focuses on whether the Commonwealth can establish the criminal offense.

A personal injury claim focuses on responsibility for the collision and the damages suffered by the injured person.

The criminal prosecution does not automatically reimburse an accident victim for all medical expenses, lost income, pain, or other losses.

What If You Were Partially Responsible?

Do not automatically assume that making a mistake means you cannot recover anything.

Massachusetts follows a modified comparative-negligence rule.

Under Massachusetts General Laws Chapter 231, Section 85, contributory negligence does not bar recovery when the injured person’s negligence is not greater than the total negligence of the person or persons against whom recovery is sought.

However, damages are reduced in proportion to the injured person’s percentage of negligence.

In practical terms, fault percentages can matter considerably.

An insurance company’s claim that you were partly responsible does not necessarily end the case.

How Long Do You Have to File an Injury Lawsuit?

Massachusetts generally provides a three-year statute of limitations for tort actions under Massachusetts General Laws Chapter 260, Section 2A.

A typical personal injury lawsuit arising from a motor vehicle accident therefore generally must be commenced within three years after the cause of action accrues.

But three years should not be viewed as a reason to delay investigating the accident.

Evidence can disappear much sooner.

Surveillance footage can be overwritten.

Witnesses can move.

Vehicles can be repaired.

Memories can fade.

Some types of claims can also involve additional notice requirements or different rules.

Determining the applicable deadlines early is safer than waiting until the general limitations period is almost over.

When Is It Worth Speaking With a Fall River Car Accident Lawyer?

A minor property-damage accident may sometimes be resolved through the insurance process without substantial legal involvement.

Legal guidance may become more important when:

• You suffered significant injuries
• You were hospitalized
• Surgery may be necessary
• You cannot return to work
• Fault is disputed
• Multiple vehicles were involved
• The other driver was impaired
• The other driver was uninsured
• A commercial vehicle was involved
• A pedestrian or bicyclist was injured
• The insurer disputes medical treatment
• You’re being pressured to settle
• Your injuries may be permanent

The more serious the injury, the more important it becomes to understand the full scope of the claim before resolving it.

After a Fall River Crash, Think Beyond the First Few Days

The immediate aftermath of an accident is about safety.

The next few days are about medical care, reporting, insurance, and documentation.

The following weeks may be about determining how completely you recover and what financial losses the accident has caused.

Keeping those stages separate can make an overwhelming situation easier to manage.

Start with your health.

Preserve the evidence.

Meet Massachusetts reporting requirements.

Keep accurate records.

Be careful when communicating with insurers.

And understand the value and long-term effect of an injury claim before agreeing to resolve it.

Speak With a Fall River Car Accident Lawyer Today

If you’ve been injured in a crash in Fall River, you don’t have to handle questions about medical bills, insurance coverage, lost wages, fault, and compensation without understanding your legal options.

Brian D. Roman, Attorney At Law can review the circumstances surrounding your accident, explain how Massachusetts automobile insurance and personal injury laws may apply, and help you determine the appropriate steps for protecting your rights.

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Contact the firm today to discuss your case and begin protecting your rights and your future.