Why Silence is Golden After an Accident

by Kevin Smith Author

Any discussion about behavior after an accident will inevitably cover what to say, or not say, to law enforcement on the scene or in the days following the incident. The advice is always to say as little as possible, but why that is important is usually not covered as deeply. Here is why.

They Have a Job to Do

The Officer on the scene, after restoring the peace and managing the immediate aftermath of the accident is in charge of investigating the accident. Their job is to ascertain, to the benefit or detriment of no one, the facts of the case. If those facts lend themselves to certain conclusions, the Officer has very little to add except to recount what they observed or were told. Offering information, that supports or hurts your rendition of the incident, does not help you but could hurt your case.

Anything You Say …

Along those lines, anything you tell the officer, even in the shock of the moment, can and will go into the accident report. As such, anything you admit will be officially part of the public record. Even seemingly innocuous statements, such as “I was trying to drive through the deluge,” can affect your case even if your comments do not indicate you were at fault. Those statements also can impact other aspects of the case, beyond the legalities of fault, law enforcement, and justice.

Everyone Involved Reads the Accident Report

As mentioned, anything you say will become part of the public record of the incident. If you admit the weather was bad, for instance, an insurance carrier might take issue with the fault aspect of the case and try and reduce any payout because of it. Your simple admission it was raining, could cost you hundreds if not thousands.

You are Probably in Shock

An auto accident is traumatic, at least mentally and emotionally. People in the midst of a shocking episode rarely remember things with absolute clarity and in many cases, do not fully comprehend what has happened, why it happened or the sequence of events. Often, a person’s account of what happened immediately after an event will change with time. It also is not uncommon for a victim in an accident to state things that are “in the heat of the moment,” but are not necessarily reflective of reality. For example, they may claim responsibility for rear-ending a vehicle when in fact, they were rear-ended first and pushed into the vehicle they hit.

If you are in an accident, these are the reasons why being quiet after an accident is a good idea. Another good idea is to hire a Bradenton auto accident attorney to help you navigate through the mess.