If you are ever in an auto accident, you may be too excited or shocked to think clearly at the moment. Because accidents happen to the best of drivers, everyone should be prepared to do the right things immediately afterward. Many legal troubles arising from accidents could be avoided or lessened if the persons involved knew in advance what they should do.
1) STOP
State law requires that the driver of a vehicle involved in an accident, wherein a person is injured or damage is done to some property, shall immediately stop his vehicle at the scene of the accident or as close to the scene as possible without obstructing traffic more than is necessary.
2) ASSIST THE INJURED
Your first duty after stopping your car is to check for injured persons. If someone is seriously injured, try to arrange for a doctor to come to the scene or call an ambulance, whichever is quicker. Do not move the injured person unless you know what you are doing. Good intentions on your part may result in further injury to the victim.
3) PROTECT THE SCENE
Take all possible precautions to prevent further accidents. Try to have someone stationed to warn approaching vehicles and, if at night and flares and reflectors are available, put them out or have it done. If no flares and reflectors are available and you have a flashlight, use it.
4) CALL AN OFFICER
Give notice of the accident to the local police department if the accident occurs within a city or, if it occurs outside city limits, to the office of the County Sheriff or to the nearest station of the State Highway Patrol. Even where there are apparently no personal injuries or serious damages to property, it is advisable to give this notice immediately so that an officer can investigate the accident. Having an official report may greatly assist you later if any claim for liability is made.
5) COMMENTS
Do not comment on the accident. Keep your notes and information strictly to yourself. Admit nothing and sign nothing even if you think you are in the wrong. You may learn later that you were not in the wrong or that the other driver was equally to be blamed or more so. Your emotions at the time of the accident may deceive you. If at a later date facts clearly show that you alone were wrong, then is the time to admit blame. State law requires only that you give your name, address, and registration number of the vehicle you are driving and that you exhibit your chauffeur's or operator's license.
6) ASSIST THE OFFICER
Remain at the scene, unless injured, until the officer arrives. Cooperate with the officer by advising him of the basic facts briefly. Remember: No one can force you to give an opinion as to the cause of the accident at the scene, at police headquarters, or elsewhere. You have the right to consult a lawyer before making any statement. If it is a serious accident, consult him as quickly as possible.
7) IDENTIFY THE OTHER DRIVER
Obtain the other driver's name, address, and the registration number of the vehicle he is driving, and request him to exhibit to you his driver's license.
8) WITNESSES
Obtain the names and addresses of all witnesses as soon as you can-both eyewitnesses and all others who might have some information about any of the circumstances of the accident. After writing down their names and addresses, attempt to obtain from these witnesses a statement as to what happened and have them, if they will, write it down at the scene. Always have a pencil and pad, in the glove compartment of your car.
9) TAKE NOTES - FILL OUT ACCIDENT INFORMATION FORM AND DIAGRAM
Make your own written notes on all significant circumstances concerning the accident. Show position of cars after the accident. Step off exact distances of skid marks and other important distances. Be certain that you can at a later date point on the road where the vehicles collided and where they came to a stop. If you or someone else has a camera at the scene, take pictures to preserve skid marks, position of cars, and other physical evidence that will disappear after the accident.
10) ARRESTS
An arrest at the scene of the other party or yourself does not necessarily indicate liability. An arrest and conviction in connection with an automobile accident cannot ordinarily be used against you later in a suit for damages. Any statement made may be used as an admission, so it is important that you contact your lawyer as soon as possible before making any statements.
11) WHEN TO LEAVE THE SCENE
Unless your injuries impel you to do otherwise, do not leave the scene of the accident until you have, as outlined previously assisted the injured, protected the scene, called an officer and assisted him, identified the other driver, obtained the names, addresses, and statements of all witnesses, made notes, and filled out the Accident Information Form and Diagram at the end of this folder.
12) SEE YOUR CHIROPRACTOR
Remember that serious and costly injuries do not always result in immediate pain or bloodshed. Automobile liability and automobile Medical Pay Insurance will pay for chiropractic examination and treatment.
13) INFORM INSURANCE COMPANY
Make a complete report to your insurance company. Failure to make a prompt and correct report may affect your rights.
(This information is provided to inform. It is not intended to advise anyone on legal problems but is merely to be used as a guide as to what procedure to take at the time of an automobile accident. No person should ever attempt to apply or interpret any law without the aid of a lawyer.)
