In TV dramas, criminals are told that they have the right to remain silent, and that anything they say can and will be used against them. Those statements are part of the Miranda warning each arrestee receives, but they also apply in other situations. If you are involved in an accident and another party decides to sue, anything you said at the scene can affect the case’s outcome. In some cases, statements made at the scene of the accident were the deciding factor. Such situations include:
- Slip and fall accidents
- Auto crashes
- Workers’ comp cases
- Construction site accidents
- Chemical spills
Factors to Consider at the Scene
Where accidents occur, emotions run high soon afterward. No one involved planned for the accident to happen, and most people will say or do anything necessary to alleviate the pain and confusion. The urge to say “I’m sorry” can be strong, even if you aren’t at fault. Try not to say too much, especially if someone else is at fault. Your opponent’s attorney will do everything they can to assign fault based on your actions after the accident, and most statements should be kept to yourself.
What you Can Say After an Accident
If you are involved in an accident, try as hard as you can to keep your composure until you’re alone. Immediately afterward, call the authorities and summon medical help if necessary; then you should consider hiring a Personal Injury Rapid City. You should never sign any paperwork without first having it reviewed by a lawyer, and you should not answer any questions unless asked by a police officer.
Even when questioned by the police, you should only provide enough information to tell the objective truth. For instance, instead of blaming a traffic collision on your bad mood or lack of sleep, you could say “I was driving west on Main Street and was hit in the right side”.
After car crashes and other accidents, you should always use your best judgment–and if you are at all unsure of your judgment in such a situation, you are better off saying nothing at all. If you’re in public, it’s safe to assume that your words and actions are being observed. Where there’s a risk of litigation, silence is the best defense.
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