crash Archives - The Law Offices of Roberto Hernandez, PLLC.

Conclusion of 100 Deadly Days of Summer

The Law Offices of Roberto Hernandez — Fri, 30 Jul 2021 04:25:13 +0000

Reading recent headlines has been somewhat abysmal, especially as of late. I often find it hard to pay attention to the headlines as I am at a point in my life where I need uplifting news, the spreading of love and compassion, and stories that build my faith in humanity. That said, I wanted to discuss some sobering statistics that were shared at the conclusion of Utah’s 100 Deadliest Days of Summer campaign. My hope is that through awareness and education we can eradicate or greatly reduce these deadly statistics. If this blog makes even one person stop and reconsider their actions, then I consider that a success.

The 100 Deadliest Days campaign runs from Memorial Day to Labor Day each year. During that time frame for the past two years, it was reported that on average one person lost their lives each day on Utah’s road. Officials went on to report that approximately 94% of the accidents were directly attributable to human error. These errors cost the lives of loved ones, parents, children, friends, and family members. I do find it noteworthy to point out that there was a significant dust storm that did account for the largest deadly crash experienced on the highways over the summer – a tragedy caused by Mother Nature that is out of our control. That said, the other 94% of fatal crashes were caused by human error and actions. Of these, 76 drivers or cars and trucks lost their lives, 12 motorcyclists, 12 pedestrians, and 1 cyclist. 10 of these fatalities took the lives of teenagers.

Officials are urging drivers to maintain a calm and collected composure behind the wheel. Two different State Departments have reported an increase in aggressive driving, speeding, running red lights, and road rage incidents. Quite frankly, there is no excuse for this type of behavior. Nearly everyone is feeling the pressure and frustrations of the past year and a half. Let’s work together as a whole to try and heal rather than continue to perpetuate problems and the loss of life.

If you have been involved in a motor vehicle crash and would like to discuss your case with one of our experienced professionals, feel free to contact our office today.

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Tips to Reduce Distracted Driving

The Law Offices of Roberto Hernandez — Wed, 14 Jul 2021 10:46:03 +0000

Tips to Reduce Distracted Driving

Taking your eyes off the road to reach for your phone and read a text while driving is all the time it takes to find yourself in a car crash. According to the National Safety Council, as many as 42,060 people are estimated to have died in motor vehicle crashes in 2020.

Texting and driving is one of the most common and dangerous distracted driving habits, though there are many other ways you could be putting yourself and others at risk. Here are some tips that you can use to reduce driving distractions and keep yourself and the ones you love safe.

No Electronics

Please stow away all of your electronics. Yes, including your cell phone. Most cars are now equipped with hand-free phone pairing that allows drivers to answer emergency calls while they drive. Try placing your electronic devices in the middle console or glove box. You could also utilize the “do not disturb” feature in your phone, which stops incoming texts from notifying your phone. Our experienced car accident attorneys recommend only using phones for emergency purposes, such as calling for the police or ambulance.

Adjust Before Driving

Before hitting the road, make all the adjustments needed to your mirrors, seat position, sound system, etc. Driving is not the time to be multitasking. Also, if you need to use a navigation system to chart your travels, enter the directions to your GPS device before you start driving.

Efficient Snacking

Eating while driving is not a habit you should make, as you can take your hands off the wheel or spill your food and get distracted. If you absolutely need to eat on the road to save time, bring items that are not messy and are easy to hold with one hand, like a granola bar.

Buckled Up!

Make sure that any passenger, including children, is wearing a seatbelt at all times. You should confine your pets in some way if they are also along for the ride. The last thing you want is to worry about reaching toward a passenger while you’re losing control of your vehicle.

If you or a loved one has been injured in a distracted driving accident, Hernandez Law is here to help you get the compensation you deserve and the most effortless recovery possible. Call our offices during regular business hours to get a free consultation today!

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Safely Sharing the Road with Cyclists this Fall

The Law Offices of Roberto Hernandez — Sun, 27 Sep 2020 14:36:25 +0000

With the weather cooling down in the next few days and COVID-19 making a resurgence, many are out enjoying the gorgeous fall and winter days. Bicycle sales have risen dramatically during the pandemic. However, this could mean that there are less experienced cyclists that are about to hit the road. Inexperience by either the driver or the cyclist creates a dangerous situation for cyclists and vehicle drivers.

Here are a few tips to help you prevent an accident so you can focus on the beauty of the fall leaves and the winter snow:

How Cyclists can be Safe this Autumn

A Helmet is a Must

Even if a helmet may feel bulky and uncomfortable at first, they are a necessary piece of safety equipment. A Helmet dramatically reduces your risk of head injury or death from a collision. No matter how severe the crash, a helmet can mean the difference between you walking away with minor injuries and waking up in the hospital.

Dress Appropriately

Have you ever noticed that most bicyclists are usually wearing bright colors like orange, yellow, or pink? The purpose is for these outfits to capture the eye of any other cyclists or vehicles that are approaching. Avoid colors that could make you blend into the background, like wearing black will make you hard to see at night. So, the brighter and more reflective the color, the better. Follow this even during the day. Reflective materials will assure that you are more visible to vehicle operators, other cyclists, and pedestrians.

Be Sure to Listen

You may want to listen to some music while you’re soaking in the surroundings, but this can inhibit your ability to hear other vehicles on the road. Avoid wearing earbuds, but if you must, wear only one.

Obey Traffic Laws

Even though this may seem obvious, people forget that traffic signs and light signals were put in place to protect you. Come to full stops at all stop signs and obey all traffic lights. Vehicles are not the only ones held accountable for their neglect in this area.

Maintenance

The last thing you want is for your chain to break or your tire to pop while out on a lovely Saturday ride. A blown-out tire could also become a very hazardous situation. So, give your bicycle regular maintenance checks before hitting the road. Also, consider upgrading your bicycle with an excellent front and rear light/reflector to make you more visible during the day and night.

Communicate

Signal your next move to other bicyclists and motorists the same way you were to use your blinkers while driving a motor vehicle.

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Dealing with Emotional Damage After a Car Accident

The Law Offices of Roberto Hernandez — Sat, 19 Sep 2020 14:50:23 +0000

Nobody hesitates to treat physical injuries as a result of a car accident. Typically, when you call the police to sort insurance exchange and file your statements, they will be followed by first responders that will treat your injuries should you have any. If you suffered from whiplash, you’re almost expected to go to the doctor or chiropractor. And even after, if you have sustained extensive injuries, you may even experience some long-term physical therapy. So the question is, why not worry about your mental health?

Although unlike physical injuries, emotional trauma can be easily ignored and put aside. However, being part of an accident, no matter how severe, can be quite traumatic. Don’t neglect your mental health. Instead, here are a few tips you can follow to address your emotional injuries, relieve your anxiety, and start living like before.

Research Post Traumatic Stress Disorder (PTSD)

When you think of PTSD, you’re probably associating it with soldiers who endure harsh combat encounters. However, Post-Traumatic Stress Disorder can affect anyone who has lived through something stressful and traumatic. Yes, even a car accident. But, not everyone who goes through something traumatic gets PTSD.

So, don’t fret; here is a list of symptoms you can use to familiarize yourself and help you identify if you or any passenger may be suffering from PTSD.

Some of the most common indicators that you may be suffering from PTSD are:

They are frequently reliving the trauma, such as flashbacks or recurring nightmares.
They avoid things that may remind you of the traumatic event, like driving or even talking about the accident.
A reduction in emotional contact.
The person may also suffer from exaggerated reactions in everyday situations unrelated to the accident. This can include startling easily, feeling exceptionally irritable, or being unable to sleep.

Even though no one is sure exactly what may have caused a person to develop PTSD over others, it seems that chronic pain post-accident can be an important factor.

Learn How to Remain Calm

Whether or not you have ASD or PTSD, heightened anxiety after an accident is common. Recognize that anxiety is both normal and manageable. Try the following things when you find yourself becoming anxious:

Practice mindful breathing. Take slow, deep breaths.
Focus on the world around you. Notice physical objects in the present moment instead of mentally reliving the accident.
Learn and use muscle relaxation techniques.

A therapist or mental health professional also can help you learn anxiety-controlling techniques specific to your personality and situation. Contact a mental health specialist if you feel unable to cope with anxiety, if anxiety interrupts your everyday life, or if you’re worried about your anxiety in any way.

Look After Yourself

You have just experienced an extremely scarring event. Take it easy on yourself; give yourself time to cope. Please treat this as a physical injury, give it time to heal.

When you can, focus on the positives in your life. Make it as good as you can. Eat healthily, drink water, do some exercise if you can. Also, if physical injuries allow it, try going back to those hobbies that make you happy. Like listening to music, watching movies, or knitting a sweater. Anything to enable you to create a semi-comfortable environment so you can heal at your own pace.

Do not confuse this as ignoring your feelings, though. It’s vital to address your feelings now and then. Comfort yourself when you need to, but don’t remain stagnant.

Consult Others

Settling for silent suffering will only add to your mental distress. Talk to a family member or a friend about your experience and even ask them what they think you should do to make things a bit better. You don’t have to step entirely out of your comfort zone. If you feel like leaving out some details of the accident that would hit too close to home, that’s fine. However, you will need someone available to help you process your emotions.

An alternative route is to see a therapist who can help you work through your issues. Also, therapist appointments are confidential. So you can share all you want to and not feel guilty or judge by those close to you.

Don’t suffer alone during these trying times. Make sure you obtain the correct treatment for your mental health, not only your physical injuries. Talk to a personal injury attorney to make sure you are receiving the treatment you need. You may be entitled to some compensation for your pain and suffering.

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Avoid Car Accidents this Winter

The Law Offices of Roberto Hernandez — Thu, 14 Nov 2019 17:37:15 +0000

How most car accidents happen

Almost daily, you drive to and from work; you may witness a fender-bender on the side of the road or nearly get hit yourself. You ask yourself, why does this happen way too often?

The reason accidents happen so frequently is because some behaviors and circumstances occur way too often. Below are some of the most common ways an auto accident in Utah could happen:

Distracted Driving

Distracted driving is anything that takes your attention off the road. The most common is utilizing your phone, whether texting or doing anything on your phone when you’re driving. When you take your eyes off the road for a few seconds, you can travel the length of a football field or more without seeing where you’re going. Other forms of distracted driving include reading, putting on makeup, talking to other passengers, and eating.

Speeding

We’re supposed to follow the speed limit, but nearly all of us have gone too fast at some point. Some of us are in a hurry, and most of us are running late. However, speeding doesn’t get you there any faster and can cause a devastating accident. There’s a difference between slamming into another car at 20 miles an hour and 45 miles an hour.

Reckless Driving

Have you ever watched someone weave in and out of traffic and thought, “They are going to crash into somebody!” Reckless drivers make everyone else hold their steering wheel a lot tighter. These drivers dart from lane to lane, drive aggressively, cutting off other vehicles in traffic, and are often tailgating. They appear to be in a rush to get wherever they’re going, not comprehending that they are an accident just waiting to happen.

Tailgating

When you tailgate, you don’t give yourself time to slow down or stop. When someone behind you tailgates, all you can imagine is the accident you’re about to be in if you ever have to slam on your brakes.

Not Stopping

It may be a red light or a stop sign, but we’ve all seen the person who blazes right through the intersection without even attempting to slow down. It may even have happened to you a few times if you aren’t paying attention or thought you could make it through in time. Devastating accidents are caused by this, which should make it a good reason you should not immediately take off from a green light because you never know who will not stop.

Drugs and Alcohol

Driving under the influence (DUI) and going while intoxicated (DWI) are things we’ve heard about for years, with more organizations trying to raise more awareness of it every day. You may think that it’s not a problem anymore. However, many people still think it’s a great idea to get behind the wheel after drinking, taking drugs, or even taking prescription medications that make it hard for them to drive.

Bad Weather

You can’t control the weather, but you can control how you drive in it. Rain, ice, snow, and fog all mean one thing, slow down and drive carefully! The posted speed limit is the speed you’re meant to drive in ideal weather conditions. The moment the weather hinders you in any way, slow down to avoid being in an auto accident.

Road Rage

Road rage can lead to aggressive driving, reckless driving, tailgating, and purposely trying to cause an accident.

A Personal Injury Lawyer Can Help You

When you’ve been the victim of a vehicle accident for any of these reasons, the other driver is at fault, and their insurance should pay your medical bills, fix or replace your vehicle. Unfortunately, this isn’t what typically happens. A personal injury attorney will work with you and on your behalf to negotiate with the insurance company or take your case to court to get you the compensation you deserve.

Disclaimer

The information provided on this website is for informational purposes only. This website contains general information relating to areas of law familiar to our firm. The information should not be construed as legal advice or other professional advice. You should not rely on the contents of this website as such. Participation on this website does not create any kind of attorney-client relationship. If you need legal advice or representation, please contact my office, and I would be pleased to discuss your case with you and see if my firm can help.

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What are the Most Common Car Accidents?

The Law Offices of Roberto Hernandez — Thu, 24 Oct 2019 16:09:14 +0000

What are the most common car accidents?

Car crashes happen every day on the road. UDOT or the Utah Department of Transportation just posted a sign on the highway overpass stating that 17 lives were lost in October due to car accidents. Fortunately, most collisions will not result in a life-ending accident. Regardless, a car accident can cause significant damage to your vehicle and may even result in life-altering injuries. Below are the most common car accident types. We hope that you can keep your family safer while driving by knowing what accidents are most likely to happen. It is important to remember that if you are ever involved in one of these crashes, then you should contact a Salt Lake City personal injury attorney as soon as possible by calling (801) 590-3275.

Car accidents that are most likely to happen

Rear-end collisions

This is, by far, one of the most common accidents that happen on the roads. These accidents occur most frequently because one of the following things happens. The first is that someone is following too closely or “tailgating” the vehicle they are following. Remember that even in slow-moving traffic, you should always leave enough space between your car and the car in front of you. In the other situation, someone has been distracted while driving and have not noticed that the car or truck they are following has stopped. You can avoid these accidents by always leaving enough space for sudden stops. If you see that someone is following too closely, you can try changing lanes when safe. Do not try and break-check or slow down to let that person know they are too close to you.

Single-vehicle accidents

As the name may lead you to believe, these accidents happen when only one car, truck, or motorcycle is involved. Teenage drivers who do not have as much experience are more likely to be engaged in single-car accidents than more experienced drivers. As we all know, winters in Utah can be a difficult time of year to be on the road. Slipping on ice and colliding into an object or going off the street can often happen. These accidents can be avoided by ensuring that you are going at the appropriate speed for current driving conditions. You should also ensure that you have proper tires to keep traction when roads are slippery or icy.

T-bone accidents

These accidents occur when one vehicle runs into another car driving in an intersecting line of traffic. Traffic lights and 4-way stops are where most t-bone accidents occur because intersecting lines of traffic cross. An example is when one car runs a red light or fails to yield when left-hand turning vehicles have the right way properly. The best way to avoid these accidents is to follow all traffic protocols. Unfortunately, humans make mistakes, and this is not going to happen. Whenever you reach a traffic light or stop sign, take a few extra moments to ensure that you are clear to move. For example, take a moment to turn your head left and right to make sure someone runs through the intersection to beat a red light.

Disclaimer

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How to Find the Best Auto Accident Attorney

The Law Offices of Roberto Hernandez — Wed, 28 Aug 2019 16:39:24 +0000

How to find the best auto accident, attorney

Being involved in a massive car crash can have devastating, life-long effects on the people involved. These are trying and confusing times that are filled with dread, doubt, confusion, and sadness. In the worst cases, families are put in a position where they have lost loved ones. In other cases, victims of the accident are faced with debilitating injuries such as head trauma or damage to the spine. Regardless of what you may be up against personally, one item remains true; it is essential to find the best personal injury lawyer for your case; if this is your first time needing an attorney, you may not know how to make the right decision. Below is a list of things you can do and what to look for on this journey.

Find a law firm that focuses on injury law.

As a general rule of thumb, finding a company specializing in one central area is better than finding a so-called “jack of all trades.” We do not suggest that it is impossible to find a reasonable attorney in a firm that does it all. Instead, if you have no legal representative suggestions from family and friends, an injury only firm is an excellent place to start looking. Attorneys that focus on one area of law tend to be more knowledgeable in that area.

Find an attorney that will be willing to go to trial.

Most Salt Lake City auto accident cases can be settled out of court beforehand. However, in some cases, insurance companies can be quite aggressive and refuse to provide a fair settlement. In these situations, it is highly beneficial to work with a fair trial record lawyer. It is not unheard of to find attorneys that handle cases without ever stepping into a courtroom. Insurance companies may know that the wrong attorney is unwilling to go to trial if necessary and will take advantage of this situation.

Look online for reviews.

The internet has changed how people find services, and the legal world is no different. Look for injury and accident attorneys in your local area. You can see their online reviews from places like Google Maps, Facebook, and Yelp. Reading these reviews will help you understand your neighbors’ experiences and the local community has come to expect. In general, look for a law firm with an average rating above 4.5 and a decent number of reviews for you to read online.

Request a consultation and case review

Most car accident attorneys will offer a free consultation meeting. This is a highly valuable opportunity to learn more about your case and where you stand in the eyes of the law. A successful consultation will put you in a place where you better understand the strengths and potential obstacles you may have in front of you. It is best to have a list prepared for questions and concerns made beforehand. A good fit for you is to work with someone that lets you know they have your best interests at heart. An attorney that is truly going to fight for your legal rights and work hard for fair compensation. If you live in Utah, we welcome you to contact The Law Offices of Roberto Hernandez at (801) 590-3275 or schedule an appointment online via our contact page.

Disclaimer

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Uber and Lyft Auto Accident Claims

The Law Offices of Roberto Hernandez — Sat, 17 Aug 2019 16:27:11 +0000

Uber and Lyft Auto Accident Claims

The ride-sharing phenomenon has been with us for a few years now. Uber and Lyft have revolutionized how people without transportation can get around town with ease. For those who are not familiar with the process, getting an Uber or Lyft ride is simple. Users download an app on their mobile device, input their credit card information, and drivers are on their way within minutes. As with many new technologies, the general public has to deal with modern safety and security concerns. In the world of personal injury litigation, Uber or Lyft accidents brings new legal standards and obstacles. Read below to learn more about what can be done if your driver got in an accident while you were in the car. We also discuss what can legally be done if an Uber or Lyft driver struck your vehicle or was involved in a pedestrian-related accident.

Ride-Sharing Car Crash Information

The first things are to understand how insurance works with these on-demand taxi services. Drivers for either Uber or Lyft are independent contractors for these companies. They are, however, still insured by Uber or Lyft with insurance plans that cover at least 1 million dollars in both liability and uninsured/underinsured coverage. Compare this to the fact that the average driver only has a $15,000 policy in place for these situations. This doesn’t mean that your auto-case should be an unreasonable cash grab. However, it does tell that if you or a loved one has been significantly injured, you stand a much better chance to receive enough compensation from recovering from damages. This includes pain and suffering, lost wages, medical bills, mental trauma, and damage to your personal property.

Speak to a legal professional

It is essential during these times to keep everything in perspective. It is in your best interest to speak with an Uber or Lyft accident attorney before talking with these companies, their insurance companies, and even your own. When a person attempts to handle these matters independently, the odds are not in their favor. We all love an underdog story where the “little guy” overcomes a struggling situation, and there is a happy ending. The reality is that this is not usually the case, and a person on their own doesn’t have the adequate resources and knowledge to stand against billion-dollar companies.

There may be issues that can arise depending on the circumstances and timeframes that the auto accident occurred. For example, was the driver off-duty, accepting passengers, or transporting passengers? It may also be difficult to soundly establish who was at fault for the accident and how it happened in the first place. Remember that, on average, insurance companies will offer a settlement that is 3X higher when they know a skilled injury attorney is representing a person if you have been injured in or around Salt Lake City, UT. We invite you to speak with Roberto Hernandez today.

Disclaimer

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Who is Responsible for a Car Accident?

The Law Offices of Roberto Hernandez — Tue, 16 Jul 2019 17:29:04 +0000

Responsibility may be shared by both the driver and the pedestrian in some situations.

Utah is a growing state, not only in terms of our overall population but with the number of visitors we get every year. As with any growing area, more people means more accidents. We are writing this article to talk about accidents that involve car accidents and pedestrians specifically. Many situations can result in someone being struck by a vehicle while walking on the street or sidewalk. Numerous fatalities involve pedestrians that crossroads illegally, for example, stepping outside the crosswalk, in between cars, or against traffic signals. Many agencies have taken it upon themselves to provide education to promote the threats of jaywalking or walking while distracted.

Sources of Pedestrian Auto-Accidents

Pedestrian related auto-accidents make up about 10 percent of yearly traffic deaths in Utah every year.

According to the Utah Division of Transportation, many types of accidents don’t occur at crossways. Such crashes consist of narrow, winding roadways with limited exposure, bad roads, and parking areas. This can also include lousy roadway maintenance, inadequately designed pathways, and any site that is meant to be used for walking.

A boost in the popularity of large vehicles such as trucks and SUVs has also led to increased pedestrian-related accidents. This is large since these vehicles have significant blind spots and longer stopping distances that various, smaller passenger vehicles. Distracted driving or walking because of smartphone usage has also been on the rise.

A 2018 spotlight on freeway safety provided by the Governors Highway Safety and Security Management reports that many pedestrians are killed in neighborhood roadways after dark. Nighttime accidents represent more than 90 percent of the increase in pedestrian fatalities recorded over the last ten years. The driver, the pedestrian, or both were hindered by alcohol in over 50 percent of the collisions that resulted in death.

More information about pedestrian accidents

The legislation does not instantly blame the vehicle operator who strikes a pedestrian. Pedestrians might also be responsible for a crash if they show negligence that leads to the accident in one way or another. This typically happens when one or all of the following actions have taken place:

Putting on dark clothing while strolling on the street after dark.
Jaywalking as opposed to utilizing the crosswalk.
Walking on the road while impaired by drugs or alcohol.
Being inattentive while crossing a road, for instance, by texting or talking on a cellular phone.
Walking along bridges, walkways, or other areas where indications specify that pedestrians are banned.
Going into a crosswalk without given notice by the crossing signal.

Have you or a loved one been involved in a pedestrian accident?

Responsibility can be shared by both the driver and the pedestrian. It can be quite challenging to build a strong case to show who was at fault and who can legally seek compensation for their injuries. When the stakes are high, it is important to have an experienced injury attorney on your side. This can include accident reconstruction and working with experts to determine the circumstances that lead to the accident. If you or a loved one has been injured and believes it was due to another’s negligence, you may have legal options. Call our office at (801) 590-3275 or use the contact page to speak with a legal professional or schedule a consultation.

Disclaimer

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What to do After a Car Crash?

The Law Offices of Roberto Hernandez — Mon, 24 Jun 2019 15:08:41 +0000

Steps you can take after an auto accident

An automobile crash is quite a disorienting occurrence. People who have been involved in a small accident, report that they often forget what happened and have a hard time figuring out their surroundings. As soon as they come to their senses, it is important to ensure that everyone is safe and that immediate health concerns are being addressed. Regardless of how small or large the accident is, it is essential to notify the police to come to the accident scene as soon as possible. After any critical safety concerns have been addressed, and ambulances are on the way if necessary, it is time to document the accident to the best of available resources.

After the accident has taken place

Make sure you and everyone else are waiting for the police to arrive in a safe place. Take a moment to ensure that both drivers and passengers have moved away from the middle of the street, ideally on a sidewalk or pathway while waiting for police. You can take pictures and record videos on your cell phone, if at all possible. Doing so may be collecting evidence for an automobile accident case that attorneys may need in the future.
Ensure that the police create a report. Police reports are decisive evidence and used by insurance companies and law firms alike to establish what caused the car crash and who is at fault for the accident. Along with the police report, it is a good idea that you and any passengers are allowed to fill out witness statements of the accident. Talk to any police officers to ensure you get their contact information and understand how you can gain a copy of the police report once it has been filed.
Get the contact information and insurance information of the other driver. If you are uncomfortable talking to the other driver, write down their license plate number and wait for police officers to arrive. They will get this information not to interact with the other driver if you are too nervous or shaken up from the accident directly.
Speak with a local car crash lawyer before you provide any statements to insurance companies. People tend to trust their own insurance companies and provide information without considering the consequences of their statements. Most of the time, these phone calls are recorded and can provide difficulties if innocent phone conversations are taken out of context or misrepresented.

Disclaimer

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