What to do in case of an accident

It is not enough to know you are right!  People involved in accidents will admit fault to you at the scene, but deny fault later.  You must protect yourself, gather evidence.

Steps to take when you are involved in an accident:

  1. In the event of an accident, photographs can be used to show fault.
  2. First, unless there is a serious injury, get the names and addresses of any witnesses.
    • Take photos which include all cars and show the accident scene
    • Take close up photos of the location of the damage to each vehicle.
    • Take photographs of skid marks, if any
    • Take photos showing location of debris field.  Often parts of the vehicle fall on the street.  The location of the debris field can establish fault.  For example, if on party claims the other crossed a line, the debris from the cars can be used to establish which car crossed the line.
    • If a person has visible injuries, cuts, bruises, bleeding, etc., take photos showing the injuries occurring at the scene, including vehicles in picture.
    • Take photos of witnesses with the vehicles to show that they were actually at the scene.
    • Take any photos you believe may be helpful.
  3. Witnesses-Get witness statements, including names and addresses.
    • Write down where the witness was located when the accident occurred.
    • Ask the witness what they saw including:
      • Speed of all vehicles.
      • Distance of each vehicle from the point where the impact occurred when witness first saw other vehicle.
      • From the time the witness first saw each vehicle, until the time of the accident, how long did it take until the vehicle impacted.
      • Who the witness believes is at fault.
      • Why the witness believes that person is at fault.
    • Check to see if witness was in a position to see what they saw.
  4. DOCUMENT OTHER DRIVES STATEMENT.  Often a person who is at fault will admit fault to you at the scene and promise to have their insurance company take care of it.  Unfortunately, honest people believe others are honest and accept the word of the person at fault.  Later they are disappointed to learn they lied.
    • If a person insists on leaving before the police come to take a statement, insist that they write down what happened, and admit their fault.  Have them sign and date the statement.
    • If the driver who is at fault refuses to do so, insist they wait for the police (try to leave the cars as they were at the time of impact, if it is safe and does not block traffic).  If they refuse to stay, tell the other drive that you will report the accident as a hit and run.  If they leave without giving you a statement, remain until the police arrive and document the accident.
  5. ARE YOU INJURED?
    • The police will ask if there are any injuries.  Sometimes injury is not apparent at the time of the accident, and comes on later.  It is always best to assume that there may be an injury.  Never say that you are not injured.  If you do not feel any present pain or discomfort, tell the police officer that you are too shaken up, and will wait to see what happens.  
    • Go to an emergency room if you have sufficient pain or discomfort to feel concern.
    • See your family physician.
    • If you do not have a family physician or insurance to pay for treatment, contact a personal injury attorney for treatment.
 
What To Do In Case Of An Accident