After a car accident most people are shaken and confused, some are even dazed and injured, however, many will give an near immediate statement as to their account of how the accident happened. This can be dangerous.
The obvious reasoning behind getting an account of what happened as soon as possible after the accident is to capture all the details while memories are still fresh and witnesses are available. However, there is a large problem with this course of action; primarily it is because the individuals involved in the accident are under severe stress, high adrenaline, and often pain (sometimes very severe pain), which can lead to an account which may not be accurate. Unfortunately, this inaccuracy, caused by duress, could possibly be used later as proof or evidence of what happened even though it was taken under duress and may be a flawed statement.
Generally the best course of action is to get the police involved and seek medical attention. Then at a later time, with the pain, emotion, and other factors gone or at least reduced make an educated and clearheaded decision to give a statement. It is also a very good idea to at least discuss this decision with an attorney (even if you are not sure you want to hire attorney to represent you in the case) BEFORE you actually do give a statement.
Prematurely giving a statement can not only hurt your future case and your right to be made whole, but even worse it can limit the ability for everyone to truly understand what happened that day.
Written by: Russell D. Nicolet
*please note that this is general information only and not intended to be legal advice. If you have questions or need legal advice please setup an appointment with our attorney, or an attorney of your choosing.
Russell is an attorney with Nicolet Law Office, S.C. Russell represents injured clients in Hudson, New Richmond, River Falls, Prescott, Ellsworth, Roberts, Osceola, St. Croix Falls, Menomonie, Eau Claire, Chippewa Falls and surrounding areas of Wisconsin and Minnesota.
Nicolet Law Office, S.C. has offices in Eau Claire, WI, Hudson, WI, and Woodbury, Minnesota and handles car accidents and other personal injury claims. For more information call 715-377-2141 or 715-835-5959 or visit www.nicoletlaw.com or www.eauclaireinjury.com