Accidents are unfortunate and unexpected events that can occur in various aspects of life. They serve as stark reminders of the unpredictability and fragility of our existence.
From minor mishaps to catastrophic incidents, accidents have the power to disrupt lives, cause injuries, and even claim precious human lives. They can happen on the roads, at workplaces, in homes, or during recreational activities.
Hence accidents demand our attention and prompt us to reflect upon the importance of safety measures, risk mitigation, and personal responsibility. Researchers have long worked on this phenomenon and have concluded with various accident causation theories.
Let us in this article, look at the aforementioned alongside understanding the legal procedures involved in the aftermath of an accident. We will also have a look on how as a third person you may handle such circumstances wisely.
The Aftermath of Legal Procedures
In the judicial system, there are different kinds of litigations for different wrongdoings or mishaps. Generally, any type of accident which involves harm done to a person in any form comes under personal injury.
If a person has suffered from such injury or loss of any kind, one may legally proceed to claim compensation against it. However, litigation is the final recourse in a dispute. The parties concerned are always encouraged to try to seek an amicable settlement of their issues outside the court.
Well, it does not mean that one can not consult an attorney. If you belong to a city where accidents happen frequently, like St. Louis, your litigation might take very long to get resolved. As the data from sites like Trailnet suggests, the city has recorded one of the deadliest years in accidents and fatalities.
Bicycle crashes involving individuals increased to over 100 in total, marking a five-year sharp rise over the preceding three years. The overall number of bicycle and pedestrian crashes was 395, which is the second-highest figure in 15 years.
Therefore, you may first consult a St. Louis auto accident lawyer and take a suggestion on how to take things forward. If you and your attorney choose to take the incident to court, some documents and procedures are crucial. Let us have a look at it:
- Letter from both the Plaintiff (before action) and Defendant (constructive reply)
- Summons writ
- Claiming statement
- Statements stating damages
- Statement of truth
- Defense personnel
- Pre-trial review
- Case management conference
Theories Pertaining to Accident Causations
If one does not know what causes an accident, it is quite difficult to prevent them. There have been numerous attempts to create a predictive theory of accident causation, but none of them have gained widespread acceptance so far.
Numerous theories are being developed to identify the factors in order to remove them which may prevent accidents in the future. Let us look at some of these theories.
- The Domino Theory: By Heinrich, divides the accidents into 3 proportions. 88% are caused by unsafe acts of people, the remaining 10% by unsafe actions, and 2% by ‘acts of God.’
- Multiple Causation Theory: It is an outgrowth of domino theory, but it suggests that there may be multiple contributory factors to an accident. The theory further divides these factors into behavioral and environmental categories.
- Accident Proneness Theory: This theory states that some sets of people are more liable to be involved in accidents. However, this theory is not generally accepted as most of the findings are inconclusive and contradictory.
- The ‘Symptoms vs Causes’ theory: This is more like an admonition to understand the accident causation. Usually, at the time of investigations, the root causes are neglected while looking upon the obvious causes of accidents. For instance, unsafe acts are the symptoms of an accident and not the root cause.
Third-Party Responsibility
If you are someone who is witnessing an accident, there is a part for you to play as well. As a responsible being, make sure to help people as you never know, one small help can save someone’s life.
Apart from remaining calm and reassuring the person who has been injured you can do a bit more to it. Let us look at some points on how you can handle an accident and help the person or people suffering.
- As soon as you witness an accident make sure to call 911 if the person is severely injured. If the injuries are minor, offer them medical assistance on the spot and ask for additional help they might need.
- If it is safe to do so, take the injured to a different room where they can rest away from people. Ask people to leave the area quietly and give the person some space if you believe it is unsafe for them to move.
- Make sure to give the police all the necessary information, as it can help the suffering person in the future.
According to TorHoerman Law, it is important to document information such as pictures, license plates of cars, and driver’s licenses. If a person is severely injured you can also gather this evidence to present it to the police. It will act as a big help to the person who might opt for compensation against the damage.
Frequently Asked Questions (FAQs)
What should I do if the other party denies responsibility for the accident?
If the other party denies responsibility, gather evidence such as photographs, witness statements, or surveillance footage to support your claim. Consult with a lawyer who can assist you in building a strong case and advocating for your rights.
What are the most common injuries resulting from accidents?
Common injuries resulting from accidents include whiplash, fractures, cuts and bruises, head injuries, spinal cord injuries, soft tissue injuries, and psychological trauma.
Are all accidents preventable?
While it’s impossible to prevent every accident, many accidents can be prevented through proactive measures such as practicing safety protocols, maintaining equipment and vehicles, following traffic rules, and promoting a culture of safety at home and in the workplace.
When should I involve the police after an accident?
It is generally advisable to involve the police in the following situations: if there are injuries, significant property damage, suspicion of alcohol or drug involvement, or the other party involved refuses to provide necessary information.
Remember, every accident is unique, and it’s important to seek professional advice tailored to your specific situation. Consulting with legal professionals and experts will provide you with the guidance and support needed to navigate the aftermath of an accident effectively
