Tom Dickerson
Tom Dickerson is a trial attorney and co-founder of Dickerson Oxton, where he focuses on personal injury, wrongful death, medical malpractice, and catastrophic injury litigation. Since launching the firm with Chelsea Oxton Dickerson in 2010, Tom has helped recover millions of dollars for injured clients through aggressive advocacy and courtroom experience. Known for his client-first approach, he is dedicated to standing up for individuals and families against insurance companies and large corporations.
Being involved in a car accident is overwhelming, especially when the parties involved are injured or shaken. However, one of the most important steps they can take after the crash is to accurately and clearly describe what happened. The description that is given to law enforcement, insurance adjusters, and even to medical providers can directly impact the ability to recover compensation for injuries, vehicle damage, lost wages, and future medical needs. How an involved party decides to describe a car accident can determine whether someone is unfairly blamed for something that was not their fault.
A Kansas City personal injury attorney can help you articulate your statement clearly, avoid common pitfalls, and protect your rights from the beginning. A lawyer can also communicate with insurers on your behalf, ensuring your description is presented correctly and fairly. If you or someone you know has been involved in a car accident, connect with Dickerson Oxton at (816) 542-6599 to schedule an appointment with an experienced Kansas City lawyer today.
Why It Is Important To Properly Describe A Car Accident After It Happens
Missouri law requires accurate reporting of accidents when injury or significant property damage occurs, and police crash reports become part of a statewide system (STARS/MOCARS) that insurers and courts rely on. If someone fails to report when required, RS. Mo. § 303.370 authorizes license suspension and fines. The account of an accident becomes part of a permanent record used by multiple parties who each have different goals. The responding officer writes an official report that insurance companies rely on heavily. The insurance adjuster compares one driver’s description with the other’s story and any physical evidence. And if the case becomes a lawsuit, every statement one party makes may be reviewed by attorneys, investigators, or even a jury in the event of something more serious, like a wrongful death.
Accurate descriptions help to ensure that someone is not blamed for something that is not their fault. They also help preserve important details that may fade with time, especially when injuries or shock interfere with memory. Being clear and consistent from the first conversation vastly improves the likelihood of a successful injury claim.
Key Components of Describing A Car Accident In Kansas City
The first step to describe a car accident is to lay out the simple facts. This includes the date, exact time if known, the street or intersection, and the direction each vehicle was traveling. Attempting to guess certain details is risky if wrong, so it should be avoided. If a particular detail is unclear – for example, speed – then that should be stated. Admitting to not being certain is always better than offering an estimate that later turns out to be wrong.
Location
When describing a location, the street, the nearest crossroad, and the direction the vehicle was headed are all important. Local landmarks paired with specific road names can also help.
Context
People often skip over what they were doing in the moments leading up to a crash, but this context can be valuable. For example, whether they were slowing down for a red light, making a turn, stopped in traffic, or proceeding through a green light can all be useful pieces of information.
Clear Communication
Drivers who were simply driving in a normal manner can say so. They don’t need to justify themselves; they can just present the facts clearly. Mentioning things that create confusion or cause other people to second-guess the account should be avoided. For example, a driver who says they may have reached for their phone “but didn’t use it” is not doing themselves any favors. Only actions that are relevant to the accident should be mentioned. A Kansas City personal injury firm like Dickerson Oxton can be a massive asset during this process.
Describe Weather, Surroundings, And Other Road Conditions
Kansas City weather is unpredictable, and road conditions can sometimes play a significant role in car accidents. Rain, fog, snow, construction zones, potholes, and traffic congestion can all contribute to an accident. Mentioning these factors helps provide the necessary context.
If the sun were in the other driver’s eyes, the direction of the sunlight could be mentioned, but not with a direct implication that it caused their mistake.
Avoiding Speculation And Sticking With The Facts
One of the most common mistakes accident victims make – often unintentionally – is filling in the blanks with guesses. Even well-meaning estimates can harm their case later. If it’s not 100% clear how fast the other driver was going, then that should be stated, and if it’s not clear how fast the vehicle was driving until the moment of impact, then that should be stated plainly.
It’s also important not to downplay injuries. Many people say, “I’m fine,” even when they are in shock or experiencing adrenaline. A better approach is, “I don’t know yet,” or “I’m feeling shaken and may need to be checked.” Insurance companies sometimes view early statements like “I’m not hurt” as evidence against a victim, even if symptoms develop days later.
Describe The Other Driver’s Behavior Clearly, Carefully, And Truthfully
It is common to feel angry or frustrated when another driver’s actions caused the crash, but accusations can weaken credibility if they are not backed by evidence. Instead of saying, “The other driver was carelessly texting” or “They were definitely speeding,” it’s better to focus on what was directly observed. Objective behavior, not the intention, should be described. It could be said that “The driver’s head was looking down right before the impact,” but bluntly saying, “They were texting,” could be problematic unless the driver was very clearly texting on their phone in the moments leading up to the accident.
Examples of clear, helpful statements could include:
- “The other car did not slow down before impact.”
- “Their vehicle drifted into my lane.”
- “They entered the intersection after my light had turned green.”
- “They were swerving just before the collision.”
Understanding how to communicate effectively can help prevent miscommunications that could damage a claim.
Protecting Yourself With A Kansas City Personal Injury Lawyer
Kansas City spans two states, and whether the crash occurs on the Missouri or Kansas side, the basic principles of documenting and explaining the accident remain the same. Even when someone does their best to describe an accident accurately, insurance companies may attempt to twist their wording or use small inconsistencies against them. A Kansas City car accident lawyer can help articulate statements clearly, avoid common pitfalls, and protect rights from the beginning. Contact Dickerson Oxton (816) 542-6599 today to work with an experienced Kansas City personal injury lawyer specializing in car accidents.