A serious car accident can happen in seconds. What comes afterward can take months or even years to fully resolve.
There is the immediate aftermath: checking for injuries, calling 911, dealing with police and figuring out what happened. Then come medical appointments, vehicle repairs, insurance adjusters and questions about who was responsible. In more serious cases, there may eventually be attorneys, depositions, settlement negotiations and even a trial.
To better understand what happens during that process, we spoke with Danny Thomas, a trial attorney with Kansas City Accident Injury Attorneys who represents people in catastrophic injury, wrongful death, motor vehicle and trucking accident cases.
Here is how Danny Thomas says the process typically unfolds.
The First 10 Minutes: Worry About Safety Before Anything Else
Immediately after a collision, Danny Thomas says the priority should not be figuring out who is at fault or worrying about an insurance claim.
It should be safety.
“The first thing is to make sure you and everybody else are as safe as you can reasonably be,” Danny Thomas said. “If somebody may be seriously injured, call 911. If you’re in a dangerous position in traffic and you can safely get out of that situation, do it. The legal issues can wait.”
Once the immediate danger has passed, however, the accident scene can become an important source of evidence.
Danny Thomas recommends taking photographs or video if a person is physically able to do so safely. That can include damage to all involved vehicles, their positions following the collision, debris, skid marks, traffic signals, road conditions and the surrounding area.
Witness information can also be valuable.
“People tend to photograph the damage up close, and that’s useful, but take some pictures from farther away too,” Danny Thomas said. “You want to be able to look at those photographs later and understand where the cars were, what the intersection looked like and what was happening around them.”
Danny Thomas also cautions drivers against trying to resolve fault themselves at the scene.
“You can be concerned about the other person without getting into a debate about whose fault the accident was,” he said. “You may not know everything that happened yet. I’ve worked on cases where what appeared fairly straightforward at first became much more complicated once we had all the evidence.”
The First 24 Hours: Injuries May Become Clearer
Once the vehicles have been removed and everyone has gone home, the next phase begins.
For someone who is injured, Danny Thomas says medical care should be driven primarily by the person’s condition rather than concerns about creating a legal record.
“If you’re hurt, get appropriate medical attention,” he said. “Don’t avoid the doctor because you’re worried about how it looks, and don’t go to the doctor just because you think that’s something you’re supposed to do for a claim. Take care of yourself.”
Some injuries are immediately apparent. Others may become more noticeable in the hours following a collision.
That can make the first day particularly important.
“Adrenaline is real,” Danny Thomas said. “After a significant collision, people can be shaken up. Something that seemed minor at the scene may feel very different later that evening or the next morning.”
The accident should also generally be reported to the appropriate insurance company. But Danny Thomas draws a distinction between notifying an insurer about an accident and giving a detailed recorded statement about disputed facts.
“You need to cooperate with your own insurance company as required by your policy, but that doesn’t mean you should speculate,” he said. “If you don’t know an answer, say you don’t know. If you don’t remember something, say that. Don’t fill in the blanks because you feel like you have to give somebody an answer.”
Meanwhile, the Insurance Investigation Has Already Started
While the injured driver is dealing with medical appointments and a damaged vehicle, the insurance companies are beginning their own work.
Adjusters may obtain police reports, photographs and statements from the drivers. They may contact witnesses, examine vehicle damage and determine whether their insured was responsible for the collision.
In a serious accident, the investigation can become considerably more sophisticated.
“Depending on the case, there can be an enormous amount of evidence beyond the police report,” Danny Thomas said. “There may be surveillance video, dashcam footage, electronic data from the vehicles, cellphone records, photographs, witnesses or information about the roadway itself.”
Some of that evidence may not remain available indefinitely.
A nearby business, for example, may have a security camera pointed toward the road but routinely overwrite its recordings. Vehicles can be repaired, sold or destroyed. Physical evidence at the scene can disappear.
That is one reason Danny Thomas says the early investigation of a serious collision can matter.
“You can’t assume the evidence you need six months from now is still going to exist six months from now,” he said. “In a significant case, one of the things we’re thinking about very early is what evidence exists and what needs to be preserved.”
What Happens When an Attorney Gets Involved?
If Danny Thomas is contacted shortly after a serious collision, he says one of his first jobs is to understand exactly what happened and identify the evidence that could answer disputed questions.
That doesn’t necessarily mean immediately filing a lawsuit.
“We’re gathering information,” Danny Thomas said. “Who was involved? What do we know about the collision? What insurance coverage exists? What injuries are we dealing with? Are there witnesses? Is there evidence that needs to be preserved right now?”
For a relatively straightforward two-car collision, that investigation may be limited. For a catastrophic crash involving commercial vehicles, multiple defendants or disputed liability, it can become far more extensive.
Attorneys may eventually work with accident reconstruction specialists and other experts to analyze physical and electronic evidence.
“The more serious the case, the less comfortable I am making assumptions,” he said. “You want to know what the evidence actually shows.”
Medical Treatment Becomes a Major Part of the Case
In an injury claim, determining who caused the collision is only part of the equation.
The next question is what the collision actually caused.
Medical records can document diagnoses, treatment, surgery, rehabilitation and the patient’s recovery. For someone with permanent injuries, physicians and other experts may also need to determine what medical care the person is likely to require in the future.
One issue that frequently creates disputes is a preexisting medical condition.
Having a prior injury does not necessarily mean a new accident caused no additional harm.
“Human beings aren’t brand-new cars,” Danny Thomas said. “People have old injuries, prior surgeries, arthritis and all sorts of medical history. The real question is whether this collision caused a new injury or made an existing condition worse.”
That determination may require medical evidence rather than assumptions from either side.
What Happens to the Car?
The property damage portion of the claim often moves much faster than the bodily injury claim.
An insurer will typically inspect the vehicle and estimate the cost of repairing it. If repairing the vehicle no longer makes economic sense compared with its value, the insurer may declare it a total loss.
That can create another disagreement: what was the vehicle actually worth immediately before the collision?
“If you believe a total-loss valuation is wrong, ask how the company arrived at the number,” Danny Thomas said. “Look at the vehicles they’re using as comparisons and make sure they’re actually comparable to yours.”
Mileage, condition, trim level, options and other characteristics can affect the value.
Owners of modified vehicles should also understand that the money invested in modifications does not necessarily translate dollar-for-dollar into a higher insurance valuation.
“You might have $10,000 invested in modifications, but that doesn’t automatically mean the vehicle is worth $10,000 more,” he said. “That’s something enthusiasts should understand before an accident ever happens. Know what your policy actually covers.”
The Other Driver’s Insurer Is Evaluating the Claim Too
As medical treatment continues, the liability insurer is trying to determine its potential exposure.
That includes evaluating both fault and damages.
Drivers should remember that the other driver’s insurance company does not represent them.
“The adjuster may be perfectly professional and pleasant, but that company has its own interests,” Danny Thomas said. “Its job is to investigate the claim and determine what, if anything, it believes it owes.”
An insurer may dispute who caused the accident. It may accept responsibility for the collision but challenge whether all of the claimed medical treatment was necessary or related to it. It may disagree about lost income, future medical needs or the severity of a permanent injury.
Social media can also become relevant.
“If you’re claiming that an injury has dramatically changed what you’re able to do and you’re publicly posting things that appear inconsistent with that, you should assume somebody may eventually see those posts,” Danny Thomas said.
His advice isn’t to manufacture a particular image online. It is simpler than that.
“Don’t exaggerate your injuries in a claim, and don’t create a misleading picture of your life on social media either. Be truthful.”
How Do Attorneys Determine What a Serious Accident Case Is Worth?
There is no universal formula.
Danny Thomas says two people can experience similar collisions and have dramatically different cases because the consequences of the crashes are different.
“The value isn’t really about how dramatic the wreck looked,” Danny Thomas said. “It’s about what happened to the person.”
Attorneys may consider medical expenses, lost income, future earning capacity, permanent impairment, future medical needs, pain and the ways an injury has affected someone’s daily life.
The amount of available insurance coverage and the identity and financial circumstances of the responsible parties can also be important.
In catastrophic cases, determining future damages can require physicians, economists, vocational specialists, life-care planners and other experts.
“If someone is going to need medical care for decades or can no longer do the work they were doing before, you can’t evaluate that case by looking only at the bills they’ve accumulated so far,” he said. “You have to understand what this injury means for the rest of that person’s life.”
Settlement Negotiations Can Take Time
Eventually, many cases reach settlement negotiations.
That does not necessarily mean two attorneys sit across a table and bargain until they agree on a number.
There may be written demands, exchanges of records, telephone conversations, formal mediation or negotiations that occur while litigation is already underway.
Danny Thomas says one misconception is that the lawyer gets to decide whether a settlement offer is accepted.
“The decision belongs to the client,” he said. “My job is to give them the best advice I can. I can explain what I think the strengths and weaknesses are, what I think about the offer and what the risks are if we continue. But it’s their case.”
Sometimes an agreement is reached.
Sometimes it isn’t.
When an Insurance Claim Becomes a Lawsuit
If the parties cannot resolve the claim, the injured person may decide to file a lawsuit.
That changes the process significantly.
Both sides enter formal discovery, where they can request documents, send written questions and take depositions under oath. Attorneys may retain expert witnesses. Courts establish deadlines. Motions may be filed over evidence or legal issues.
The injured person may eventually sit for a deposition and answer questions from the defense attorney.
“That’s intimidating to a lot of people because they’ve never been through it,” Danny Thomas said. “But the purpose of preparing somebody for a deposition isn’t to teach them what to say. It’s to make sure they understand the process and know that it’s perfectly acceptable to listen carefully, answer truthfully and not guess.”
Even after a lawsuit has been filed, settlement remains possible.
In fact, many cases resolve before a jury ever hears them.
Danny Thomas, however, believes attorneys handling significant injury cases need to be prepared for the possibility that negotiations will fail.
“You can’t control whether the other side is going to make an offer your client believes is fair,” he said. “If you’re handling serious cases, you have to be willing and prepared to try them.”
Danny Thomas has spent more than two decades representing plaintiffs in major injury and wrongful death litigation, including cases that resulted in multimillion-dollar jury verdicts.
That experience has also given him a different perspective on what drivers can control long before a collision ever occurs.
What Danny Thomas Wishes More Drivers Knew Before an Accident
Asked what he would tell drivers before they ever find themselves in this situation, Danny Thomas points to something that receives far less attention than accident-scene advice: insurance coverage.
“People spend a lot of time deciding which vehicle to buy and very little time understanding the insurance policy protecting them and their family,” he said.
In particular, he recommends drivers understand their liability limits and their uninsured and underinsured motorist coverage.
A catastrophic injury can create losses far beyond the minimum insurance limits carried by another driver.
“You can do everything right and still be hit by somebody who has very little insurance or no insurance,” Danny Thomas said. “That’s why the coverage you buy for yourself can end up being extremely important.”
And if a serious crash does occur, his advice is straightforward.
“Take care of the immediate safety issues. Get the medical care you need. Preserve what you reasonably can from the accident. And don’t feel like you have to figure the entire thing out while you’re standing on the side of the road.”
A serious accident may happen in seconds. Understanding what happens afterward, and preparing for it before a crash ever occurs, can make the process that follows considerably less confusing.
