While driving home from work you might be thinking about what’s for supper or what to watch on TV. And then suddenly you’re crashing, the car is a total wreck and your heart is pounding and oh my God you’re having an accident.
It’s a very terrible place and once you’re there, I think you’ll understand how easy it is to stay lost. What to Do in a Car Crash: Who do you call? What about the other driver? the police? or your insurance company? More to the point, what do you do to protect your rights?
Every year, Millions of Americans face the same circumstances. They are unsure about what to do and how to protect their rights. This guide provides factual information, professional knowledge, and practical examples of how car-accident lawyers have the ability to make people take their lives back in charge.
What to Do After a Car Accident
Car crashes can have a huge impact on your health, money and even legal position. The first few seconds can make the peaceful state chaotic, and this can affect the rest. This step wise instructional guide is on what to do and what to avoid.
Step 1: Make Safety the Priority
Safety! This should be the main concern. First, pull over to a safe place, turn your hazard lights on and assess any injuries you’ve suffered. Phone 911 at once, no matter how minor the injuries seem. Emergency personnel will also attend to those who have sustained injuries, help you complete the official police report/transit incident report and provide aid completing insurance claim forms.
Step 2: Gather Every Bit of Evidence
Your phone is your best ally. Take photos with it of the vehicles, road conditions, skid marks, street signs, and whatsoever witnesses. Proceed to record the insurance and vehicle details of the other driver, as well as his/her license plate. The legal claim will be based on these facts.
Step 3: Watch What You Say
Apologizing, guessing, or admitting fault at the scene after a car accident is a common mistake. It’s important to stick to facts and let the police or lawyer handle the rest, as insurers can manipulate these words later.
Step 4: Seek Medical Advice Even If You “Feel Fine”
Injuries to the neck, back or head might not manifest immediately but a visit to the doctor provides a written record that ties these injuries to the accident — and prevents insurance companies from arguing that pain isn’t related to what happened in the crash.
Step 5: Learn the Statute of Limitations for Filing a Claim
Most people don’t know this, but you have a limited amount of time to file after an accident.
Approximately two years of compensation are provided to vehicle accident victims in the majority of states in the United States. However, delaying even a few weeks can increase the complexity of your case. Source: Nolo Legal Guides
You might still have choices if your injury happened months ago, but timing is a vital key.
Understanding Your Rights After a Car Accident
Next to an auto accident, things can quickly get complex. Figuring out the law is key to securing yourself, your money, and your future. Personal injury law may allow you to recover compensation for medical expenses, lost income, pain and suffering, and car damage, all of which are covered by the law. Here’s what most people don’t realize: not every U.S. state treats car accidents the same way. As of 2025, 12 states follow “no-fault” laws, meaning you file with your own insurance first, no matter who caused the accident (III.org). States like Florida, Michigan, and New York are part of this list. The rest are “at-fault” states, where you can pursue the other driver’s insurer for damages.
What You Can Be Paid For
If you are a victim of an automobile accident in the United States, you may be entitled to the following damages (legal term for losses).
- Medical bills cover medical appointments, hospital stays, medications, and physical therapy.
- Lost earnings are funds that you did not receive while recovering.
- Pain and suffering are the physical and emotional consequences of the disaster.
- Auto repair: The price of getting a new car.
- Emotional distress: defined as the stress, anxiety, or trauma induced by an accident.
Serious or chronic damages can rapidly grow, so it will be a wise take to understand your rights and seek legal advice promptly.
When and Why Should You Hire a Car Accident Lawyer
Not every accident requires the need of a lawyer, but when injuries are severe or insurance companies begin to push back, an advocate can make all the difference.
When Should You Call a Lawyer?
Here are some signs it’s time to talk to a car accident attorney:
- You were seriously injured in the crash
- The other driver’s insurance company is delaying or denying your claim
- You’re being blamed for something that wasn’t your fault
- There’s a dispute over who caused the accident
- You’re not sure how much your case is really worth
- You’re running out of time to file your claim
If you are unsure, it’s better to consult an attorney early. Most offer free consultations, so you can get advice without any upfront cost.
How to Choose the Right Car Accident Lawyer
In the 2024 Martindale-Avvo survey, 76% of clients indicated communication and promptness in the selection of a lawyer. Further important criteria include experience, clarity on cost structures, client reviews, and approachability. Success rates, contingency fees, and communication about what is happening all can help reduce tension. The best lawyers, instead of promising an outcome, explain the road that will be traveled legally.
How Much Does a Car Accident Lawyer Cost?
One of the first questions people ask after an accident is:
“Can I even afford a lawyer?”
The good news is “yes”, most people can. That’s because most car accident lawyers don’t charge anything upfront. Instead, they work on what’s called a contingency fee. That means you don’t pay anything upfront, and they only get paid if they win your case. On average, attorneys charge 33% to 40% of your settlement, depending on complexity (Nolo Legal Guides, 2024).
Example:
Your attorney receives $30,000 if they settle a case for $90,000 with a 33% contingency rate, and you keep the remaining $60,000 minus legal expenses, as it’s performance-based.
Lawyers Maximize Compensation
A good attorney collects medical records, police reports, interviews, and communications with insurance adjusters to formulate a case, estimating full damages, including any medical bills, lost wages, pain, and future care. The average settlement in the United States for a car accident is between $20,000 to $95,000, but lawyers can make sure every dollar relating to recovery is counted.
Settlement vs. Trial: What to Expect
After an accident, many people worry that hiring a lawyer means going straight to court. But here’s the truth:
Only about 3–5% of car accident cases go to trial.
The rest over 95% are settled out of court through negotiation.
(Source: Cornell Law and U.S. Department of Justice)
So no, you probably won’t have to sit in front of a judge. But it is helpful to know how the process works and what happens if your case does go to trial.
The Settlement Process (What Usually Happens)
Most car accident cases follow this general path:
1️⃣ Free Consultation & Case Evaluation
You talk with a lawyer about what happened. They’ll review your case, explain your rights, and help you decide if it’s worth pursuing.
2️⃣ Investigation & Documentation
Your lawyer gathers the evidence — medical records, accident reports, witness statements, etc. This builds the foundation for your claim.
3️⃣ Settlement Negotiation
A lawyer handles insurance negotiations and handles back-and-forth with insurance companies to resolve cases and ensure fair settlements for car accident victims.
4️⃣ Final Agreement or Lawsuit
If a fair deal can’t be reached, your lawyer may file a lawsuit. But even after that, many cases still settle before going to trial.
What If It Does Go to Trial?
Sometimes, a trial is the best option especially if:
- The insurance company refuses to offer fair compensation
- There’s a serious dispute about who caused the crash
- You’re seeking a large amount due to long-term injuries
Trial preparation has its benefits: Trial preparation, led by a lawyer, can result in stronger settlements or better court outcomes by preparing the individual to testify, present evidence, and present a clear case.
Conclusion
An auto accident can alter lives in the blink of an eye. But with the right lawyer holding you up, you don’t have to know everything yourself. If you have insurance problems, medical bills or other costs, or questing for knowledge about your rights, help is at hand. A lawyer can help you sort it out and figure out what to do next.
Not sure what to do next? Free initial consultations are available, and you can have a chance to speak to an attorney who will go over your rights, answer some pressing questions, provide honest case evaluation and receive free advice.
FAQs
Q1: How long do I have to file a car accident claim?
A: Most U.S. states allow two years, but deadlines vary by state.
Q2: How much does a car accident lawyer cost?
A: Typically 33–40% contingency, payable only if you win.
Q3: Do most car accident cases go to trial?
A: No — about 95% settle before trial.
Q4: What evidence strengthens a car accident claim?
A: Photos, medical records, police reports, and witness statements.
Q5: What is the average car accident settlement in the U.S.?
A: Around $30,000–$37,000, depending on injuries and liability.
