If you’ve been injured while traveling or taking a vacation, you aren’t alone.
According to the World Health Organization, roughly 1.3 million people die each year as a result of road traffic crashes alone. And when you’re far away from home, you’re all the more likely to find yourself vulnerable and unprepared. If you’re currently in an unsafe place or responding to an accident that just occurred, the first step is to remain calm. Seek medical attention immediately for yourself and anyone else suffering from an injury. We’ll discuss what injuries are most common, how to respond after an accident, how to get the compensation you deserve, and more. Remember, preparation is your best defense against disaster. Planning ahead and preparing for the worst can mean the difference between dying from an injury abroad and coming home safely. For everything you’ve ever needed to know about responding to an injury while away from home, read on.
What Common Injuries Happen on Vacation?
Different destinations and activities come with different risks. To be prepared, it’s good to know about common causes of injury to watch out for and avoid.
Car Accidents
Auto accidents are among the most common causes of vacation injuries. People are more likely to get into accidents in unfamiliar places. It’s also easy to be distracted from the road when following directions to a vacation destination.
Transit Accidents
Transit accidents can happen anytime you’re taking a train, plane, or bus to your destination. Bus and boat tours can also be risky, especially if the operators aren’t properly qualified.
Negligent Security Accidents
Negligent security accidents are also common for vacationers. Business owners are responsible for making their facilities safe, from restaurants to hotels. Tourists are often targets for thieves and burglars, putting them at greater risk.
Slips, Trips, and Falls
Slip and fall accidents can happen in places like hotels, stores, and restaurants that aren’t properly maintained. They can occur on uneven sidewalks and unkept beaches, too.
Recreational Accidents
Having a recreational accident while on vacation is understandably common as well. Activities like biking, snorkeling, or paragliding can be a lot of fun, but they also have risks that are only compounded without proper guidance and management.
Sexual Assault, Drink Spiking, and Over-Serving
Injuries from sexual assault, drink spiking, or over-serving aren’t always widely publicized, but they do occur. Such crimes are more likely to be committed in and around cheaper establishments with lax security.
Sickness
Finally, travelers can contract rare or foreign viruses and diseases. Cruise ships are widely considered breeding grounds for contagious diseases, such as Norovirus. Travelers can also be more susceptible to COVID-19.
Should You Collect Information From Witnesses Who Saw the Incident?
It’s one thing to know what types of accidents and injuries to avoid. But what should you do if you find yourself in the middle of a serious accident? Besides seeking immediate medical attention if necessary, the first thing you should do is document the scene. Whether you need to file an insurance claim or take the case to court, the more information you have on the incident, the better. One of the best sources of information you can have is a witness who saw the incident unfold. Unless you’re too badly injured to speak to anyone, you should try to talk to as many witnesses as you can.
When you talk to witnesses, introduce yourself and politely ask them what they saw and where they were when the incident occurred. Ask if they would be willing to give a statement.
Most people are eager to have someone help out when asked. However, remember that you want them to be on your side in the event that you need to file a lawsuit. Make sure to avoid saying anything that might irritate them or scare them away.
It’s important to collect information from witnesses as soon as you can. Keep in mind that most people quickly forget the details of the events they witness. The longer you wait, the more likely it is that they’ll give distorted statements. If a witness refuses to speak, don’t pressure them. You cannot force, threaten, or bribe a witness. Just move on and try to collect witness reports from others.
When a witness agrees to give you a report, make sure you collect their information when you’re finished. You’ll need their name, address, and phone number. You should also say that you might need a written statement later.
Should You File an Insurance Claim?
Most of the time, if you are injured or in an accident while on vacation, you will need to file an insurance claim at some point. The claims you file will depend on the nature of the incident. After a car accident, you will need to let your insurer know, even if you weren’t at fault. If you have to visit the hospital, you’ll need to file a health insurance claim. Some health insurance plans won’t pay for any care that’s been provided outside your home state. They’ll usually cover emergency care, but they might have strict rules about what constitutes an emergency.
If you have travel insurance, you should consider contacting the insurance company to find out what they’ll cover. If any of your belongings were lost or damaged during the incident, they might pay for them.
Travel insurance may also cover emergency medical expenses if your health insurance won’t. This is especially important if you’re traveling outside the country, where your usual health insurance plan may not apply.
What Should You Avoid Saying or Doing if You’re Injured While on Vacation?
You may have heard that you should never admit fault if you’re involved in an accident.
This is good advice—even if you believe you caused or contributed to the incident, you shouldn’t admit fault until you’re alone with your lawyer. Then you’ll be free to tell the whole story without compromising your case. Remember that anything you say can be used against you if you need to file legal action. Because of this, it’s best to say as little as possible. Avoid discussing your thoughts with nearby staff, your doctor, or anyone else. This doesn’t mean you shouldn’t speak to witnesses to collect witness reports, however. Just focus on asking meaningful questions about the incident, and avoid jumping to conclusions or sharing theories about what happened.
You should also avoid accusing anyone else at the scene of causing the incident. Again, even if you’re sure you know who is at fault, you won’t accomplish anything by saying so. Just focus on collecting evidence for your claim. Something else you should not do is postpone or avoid care so that you can document the scene. If you’ve been badly injured, you should seek medical care right away. While it’s best to collect witness reports and photos of the incident right away, your health is most important. Try not to put yourself at risk for any reason. You can take the case to court even if you don’t collect much evidence at first. Finally, when you give a statement to the police or the manager on duty, keep it brief. And do not sign any documents until you’ve spoken with your lawyer, especially if you aren’t completely sure what you’re being asked to sign.
What Documentation Do You Need for Your Case?
After you’ve documented the scene, contacted your insurance company, and received necessary medical care, you’ll want to call a personal injury lawyer. Keep in mind that just because you’re contacting a law firm doesn’t mean you’re necessarily going to sue. Consulting an attorney about your case will help you ensure your rights are upheld and decide on the best way forward. But just in case you do need to take your personal injury case to court, there are certain documents and resources you should have available. Basically, you should gather as much pertinent information as you can and keep it on hand, just in case. Here are some specific examples of documentation to have on file.
Medical Records
If you visited a hospital or doctor for your injury, your medical records from the incident will be important evidence for your case. You should also keep a treatment journal where you describe your injuries and their lingering effects. You’ll want to document your medical appointments, how you feel each day, and how your condition has impacted you. Keeping detailed information about your condition and treatment will allow you to show the court how the injury affects your everyday life.
Law Enforcement Reports
If the police or fire department was dispatched to the scene of the accident, they most likely filed a report. You should request a copy as soon as possible. A law enforcement report is a good place to begin building your case.
Incident Reports
There may be other official reports regarding the accident. Businesses sometimes make incident reports when someone has an accident on their property. This can help you learn how the accident occurred.
Witness Statements
As mentioned earlier, witness statements can prove invaluable in building a case. A detailed witness statement can even allow reconstructionists to determine exactly how an accident occurred. You’ll also want to make sure you keep your witnesses’ contact information on hand.
Photos of the Scene
Besides collecting witness statements, one of the first things you should do after an incident is to take many pictures of the scene. Photographic evidence can provide key details that other types of evidence may not include.
Can a Lawyer from Your State of Residence Help You With Your Case if it Happened Out of State?
Once you return home after getting involved in an accident, you may wonder if your usual in-state lawyer can represent you in court. But unless the company you’re filing against does business in your state, the answer is probably no. Each state has its own requirements, so a lawyer from one state can’t usually represent clients in a state where they don’t already practice law. That said, you can still get valuable legal advice and support from your local attorney. If you have a local lawyer you trust, it’s a good idea to consult with them as you prepare your case for court in the state where your injury occurred.
Get Expert Legal Help Today
If you’ve read this far, you now know how to handle the situation if you’re ever injured while on vacation, from responding to the scene of an accident to seeking legal representation.
If you have good insurance coverage and a legal team you can trust, you’re set to enjoy your vacation with peace of mind. Whatever happens, you’ll be more prepared than most.
What if you need qualified legal advice or representation from a personal injury attorney now? Once again, we have you covered. Reach out to us right away for a free consultation.
