Auto accidents can happen to anyone. You can protect your legal rights by doing the right thing after an accident occurs. This pamphlet summarizes some of the steps you should take if you are involved in an accident. The pamphlet also contains a summary of useful Information to record that you can keep in your car to record information if you are involved in an accident. Consult your lawyer right away if you are involved in an accident that involves personal injuries or serious property damage.
Stopping Your Car
If your car is involved in an accident and you don't stop, you may be subject to criminal prosecution. Leave your car as close as possible to the place of impact without obstructing traffic. After stopping, remain at the scene of the accident to aid the injured, protect the scene, report to the police and gather information.
Aiding the Injured
If someone is injured, give first aid if you are qualified and call for an ambulance. Remember to note the location of the accident before you call for an ambulance. Tell the ambulance dispatcher the name and number of the street as well as the direction in which the cars were travelling at the time of the accident.
Protecting the Scene
Protect the scene of the accident to avoid additional collisions. Do not allow your car to obstruct the road if it can be moved. Warn approaching cars by raising the hood of your car and using your car's hazard warning lights. In addition, for nighttime accidents, place flares or reflectors on the road.
Calling the Police
Call the police, particularly if someone has been injured. A police report of the accident will help your insurance claim and any liability claims. Ask the officer how to get a copy of the accident report and note the officer's name and badge number. If you receive a traffic ticket, it does not mean you are guilty of a traffic offense or that you are responsible for the accident. Be aware that you may hurt your claim for damages from the other driver if you plead guilty. Consult your lawyer and insurance agent before pleading guilty to any traffic offense.
Exchanging Information with the Other Driver
Exchange information with the driver of the other car. You should get the following information:
1. Other drivers-name, address, phone number, driver's license number, and name of insurance company and policy number.
2. Passengers-name, address, and phone number.
3. Witnesses-name, address and phone number.
4. Owner (if not the driver)-name, address, phone number, insurance company and policy number. Make notes about the time of day, weather conditions, road conditions, streetlights, and length of skid marks. Also make a diagram of the accident noting the location of the vehicles, cross walks, stop signs and traffic signals. If you hit a parked car and can't find the owner, leave a note with your name, address, and a summary of the accident.
Do Not Admit Responsibility
When you exchange information with the other driver and give facts to the police, don't admit responsibility for the accident. Things that you say can be used against you if there is litigation. You may think that you were responsible for the accident and later learn that the other driver caused it or that the other driver was equally at fault.
Seeing Your Doctor
Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. Don't settle claims from the accident until your doctor has advised you about the extent of your injuries.
Calling Your Lawyer
If you have been involved in an accident, or if you have received a traffic ticket, your lawyer can advise you about your rights and responsibilities. The sooner you call your lawyer the better since witnesses may forget the details of the accident. Your lawyer can counsel you on how to respond to questions from insurance adjusters and help you recover compensation for your personal injuries and damages to your car.
Date and time of accident
Location of accident
Were your or other vehicle's headlights on?
Were you or other driver signaling a turn?
Length of your vehicle's skid marks
Name, badge number of police officer