I Took the Blame at the Scene of the Accident, Do I Still Have a Case?

Hello, I’m Joe Moses. I’m one of the founding partners in the law firm of Kass and Moses. For the last 30 years, we’ve been privileged to represent injured motorcyclists and bicyclists. In the moments after my motorcycle crash, I apologized and took blame for the crash. Does that mean I no longer have a case? Well, in short the answer to that is no, but in addition, I want to say don’t do that. If you can at all avoid it, don’t admit fault at the scene of an accident. You don’t know enough to know if you were at fault. So one of the things I recommend, in fact my number one recommendation is right now as you’re watching this video, pause and practice, think what would you do at the time that you’re in an accident to admit that you regret that this happened and at the same time, not admitting fault, that would be the best answer. However, if you have admitted fault at the scene, that does not mean you no longer have a case

An admission at the scene should be excluded from any court hearing. It’s not something you said with thought, it’s not something you said in advance, and you’re allowed to testify at your trial as to what you really think right now. However, the spontaneous utterance that you made at the scene of the accident may under certain circumstances be used against you. The last point that I want to make is one of the arguments that we are able to make to the insurance company is that you had adrenaline from your injury and from the accident. And that you did not know all the circumstances of the accident at the time you said that.

And so the truth is you weren’t educated in what happened in the accident and you weren’t in the mindset to make a statement. It’s best if you don’t make the statement. But if you did make the statement, you may still have a case. In either case, please feel free to call me, I’d review any case under these circumstances and we’ll do the absolute best we can to overcome the fact that admission was made at the scene. I look forward to talking to you.