It’s not uncommon for both drivers to report contradictory stories about how an accident happened. We see it immediately following a wreck or days or weeks later. It’s not your job to prove your version with a war of words at the scene; focus on documenting the scene and preserving the facts. This helpful cheat sheet is worth printing and keeping in your vehicle so you never miss a step.

Stories change. This sometimes has to do with nerves and adrenaline at the scene. As the parties have more time to reflect on what happened, they remember information they neglected to provide, or their recollections of the incident may change. Whatever the case, words need to be backed up with concrete evidence.

This is why it is important to document the scene. You will want to capture the vehicle damage, road conditions, traffic signs/signals, skid marks, debris, vehicle position, weather, witness information, and more. It may not seem relevant to the case at this time, especially if it seems obvious what happened, but you are protecting yourself in case the story changes. Always err on the side of capturing and documenting more than you think you need.

Always call the police following an accident, even if the damage seems minor. A police report provides an important third-party record of what was documented at the scene. The responding officer will take statements, observations, note damage details, road and weather conditions, and other relevant information.

When it turns into a game of he said, she said, it’s critical to obtain professional legal counsel. A qualified attorney will help you quickly and expertly collect additional evidence that may help establish what happened, such as:

● A copy of the police report

● Dashcam and surveillance footage

● Witness testimony

● Cell phone records

● Expert accident reconstructionists to analyze the evidence

Remember, your job immediately following the accident is not to assign or accept blame. It’s to report the accident to the police, exchange information, and document the scene. If the other driver’s story changes or is inaccurate compared to what really happened, the information and photographs you collect can help tell the true story.