Vacations are a time to relax, have fun, and explore a new city. Whether your vacation takes you to Atlanta, Georgia, or another state, you’re ready for a fun adventure. The last thing you expect is to be involved in an accident.
After all, who looks forward to being injured on vacation? Unfortunately, accidents happen, and this means understanding your legal options as an injured tourist.
Steps to Take After an Accident as a Tourist
Your status as a tourist doesn’t change your basic rights; the location of the accident doesn’t affect your right to recover compensation for your damages. The steps you follow at home after an accident are the same, even when your injuries occur in another state.
Report the Accident
The steps for reporting the accident are the same regardless of the cause. You want to report the accident immediately to the authorities. Some states give you some leeway on whether or not you’re legally required to report an accident.
As a tourist, you should report any accident resulting in property damage and/or injuries. The reason for this is simple: you want to create an official record, as this will serve as crucial proof if you decide to pursue an accident and injury claim.
Wait on the scene until the authorities arrive and be ready to answer their questions about the accident’s cause. What you shouldn’t do is apologize for the accident. Any statements you make can end up in the report and be used against you by the at-fault party’s insurance company.
Seek Medical Attention
Not all accidents result in apparent injuries; some like soft tissue and internal injuries can take a while to show signs and symptoms.
You may be hesitant to visit an out-of-state medical provider, wondering if your insurance will cover the costs, but it’s a step you need to take. Visiting a healthcare professional not only helps to protect your overall well-being but also gives you supporting evidence if you decide to file a claim for your injuries.
Save any receipts and bills relating to your accident and injuries so it’s a little easier to recover these damages.
Collect Evidence
Hopefully, your accident didn’t result in injuries requiring an ambulance ride to the hospital. If you’re able, try to document the accident scene—but this doesn’t mean rushing out to grab protective gloves and a crime scene investigation kit. You only need your cell phone for this step in the claim process.
If possible, take pictures of any property damage, which can include damage to a rental vehicle or any of your belongings inside. If your accident is a slip and fall, take pictures of the area where the accident occurred. If you sustain visible injuries, take a few pics—all of this can be used as evidence to support your accident claim.
Don’t forget to make a note of any visible security cameras in the area. They may have footage of the accident and your attorney can request the images. If there are any witnesses to your accident, get their contact information. Their testimony can be used as evidence.
Consult an Attorney
Even if your accident is a pretty clear case of negligence by the defendant, it’s still a good idea to consult with a local accident attorney. You may have a great attorney on file at home, but remember, you’re on vacation. A better option is to work with a local attorney since they’re more familiar with state accident laws.
Laws regarding accident and injury liability vary by state, and it’s always best to have an attorney familiar with local regulations by your side.
Navigating Comparative Negligence Rules
Some states, like Georgia, follow comparative negligence rules. These are rules that allow more than one party to be responsible for an accident. If the state you’re visiting follows comparative negligence guidelines, it can impact your accident case.
How do comparative negligence laws work? Either a judge or jury assigns a percentage of the blame to the involved parties. As long as your blame for the accident doesn’t exceed 50%, you can still file a claim.
If you’re not familiar with comparative negligence, an example or two can help. If you’re visiting a souvenir shop and slip on a wet floor, your accident should entitle you to file a claim for damages. However, if you slip and fall on the wet floor after you’ve enjoyed a couple of refreshing adult beverages, you may be partially responsible for the accident.
The same can apply if you mistakenly make an illegal right turn but the other driver runs a red light. You’re both partially responsible for the accident. In case you’re wondering if your identity as a tourist negates your legal responsibility in an accident.
The legal system views it as if you should’ve done your research on local laws before visiting. In other words, the law is the same regardless if you’re a tourist or a local.
Where Should You File an Accident Claim as a Tourist
Filing an accident claim in your home state has its advantages. You may find it a little easier to find an attorney you’re comfortable working with.
If nothing else, it’s easier to meet with a local attorney in person. If you can file your accident claim in your home state, there’s a good chance you’re more familiar with local laws.
However, this isn’t how the justice system works. You must file your claim in the jurisdiction where the accident occurred. If you’re not sure what jurisdiction means in an accident case, it’s the area a court has a voice in. A jurisdiction is a specific area that is governed by the court.
So, if your accident occurs in Atlanta but you live in Texas, your claim is filed with the court that has jurisdiction in Atlanta, GA. There aren’t any exceptions to this law.
Your Rights as a Tourist Involved in an Accident
As a tourist, you’re not giving up any of your legal rights if you’re involved in an accident. You still have the right to seek compensation for any damages. However, you do need to follow all legal guidelines about where the accident occurs.
To help make sure that you receive the fair compensation you deserve for any damages you may face, it’s best to consult with any attorney familiar with local laws and other legal requirements.