IF YOU HAVE been injured in a preventable automobile accident, or have lost someone to a fatal mishap, you may be entitled to recover monetary damages from those responsible. To succeed in a claim against another driver, it is necessary to show that he or she was negligent, that is, failed to act reasonably and in a manner which respects the safety of other drivers. Litigation is intended to restore the injured person to the position he or she would have been in had the accident never occurred. While money can never compensate adequately for serious personal injury or death, an innocent party is entitled to just and fair damages to compensate so far as is possible for their injury and losses.

Legal cases are won or lost on the available evidence and the following steps should be followed after a car accident:

• The most important thing is to stay calm. Becoming panicked can make others panic and the situation worse. Take a deep breath, and then check yourself and passengers for injuries. Seek medical attention if necessary.
• Call the police while you're still at the accident scene so the accident can be investigated and a police report prepared. Get the accident report number (to request a copy of the report later).
• Do not discuss the accident with any other driver or blame anyone (including yourself). This is very important as your statements may be used against you. Listen to everything that the other driver says. What they say may be used to help your claim. If, for example, they apologize and say that they did not see you, remember it and write it down. A simple apology may be considered an admission of fault.
• Exchange information with any other drivers involved. Write down the other driver's names, addresses, phone numbers, drivers' license, license plate and registration number. Note the state where their driver's license and registration were issued.
• Record the name and insurance of the car's owner (if different than the driver). Note if any of the other motorists appear to be under any sort of outside influence (drugs, alcohol, etc.).
• Write down names and contact information of any witnesses who saw the accident.
• Determine vehicle damage. It is important to pay attention to every detail of the accident scene beginning with immediately assessing the damage done to your vehicle. Take careful note of any scrapes, dents, or other damage as this information will be vital to share with the police and your insurance company. If you have a camera, take photos of the accident scene and any vehicle damage.
• Be sure to take careful and detailed notes on what happened, the location, and circumstances surrounding the accident, including: weather conditions, visibility, or other drivers that may have contributed to the accident.
• Never accept money from another driver following an automobile accident. Nor should you offer anyone else money in this situation. Accepting money may forfeit your right to pursue a claim with the insurance companies.
• Call your insurance company about the accident even if the other driver was at fault. Never give a recorded statement to the other driver's insurance company. The insurance company may try to use it against you to try to keep from paying what you are entitled to.
• You may be entitled to recover for your lost wages, so keep an accurate record of all time that you are away from your job.
• Keep a detailed list of all medical providers that you see as a result of your injuries.