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If you are ever in a car
accident, you may be too upset, shocked or excited
to think clearly. We all know it is not legal or wise to drink
alcohol or ingest any intoxicant
and then drive. But accidents do happen to even the best of drivers, and
thus everyone should be prepared to "Do the right thing"
immediately afterward. Many legal problems arising from accidents can be
avoided or at least lessened if those involved know in advance what to
do.
STOP
State Law requires drivers of vehicles involved in an accident where a
person is injured or damage is done to property to stop immediately at
the scene of the accident or as close to the scene as possible without
obstructing the flow of traffic more than necessary. Leaving the scene
could be an independent violation.
ASSIST THE INJURED
After stopping your car, check for injured persons. If anyone is
injured, call an emergency number, such as 911, or call an ambulance or
doctor, whichever is quickest. Do not move an injured person unless you
are a trained physician or paramedic, or have some other qualification.
Good intentions may result in further injury to the victim and liability
to you.
PROTECT THE SCENE
Take all possible precautions to prevent further accidents. Try
to have someone stationed, safely, to warn approaching vehicles, and if
at night, put out flares, and/or reflectors, or if none are available,
set out a flashlight.
CALL AN OFFICER
If your car phone is working, use it as soon as you can to give
notice of the accident to the local police department. If 911 has been
already called for medical help, you should have informed the dispatcher
to also notify the police. If the accident occurs in a rural area where
there is no local police force, call the county sheriff or the nearest
state police station.
COMMENTS
Do not comment to anyone on the accident. Keep notes and keep
your information strictly to yourself. Make no statements about fault or
responsibility. State law requires only that you give the officer or
another party to the accident your name, address, and vehicle
information number of the vehicle you are driving, and exhibit your
Driver's license, registration and insurance card.
ASSIST THE OFFICER
Remain at the scene unless injured, until an officer arrives.
Cooperate with the officer by describing only basic facts briefly.
Remember: you have the right to consult an attorney before making any
statement to the police. Do not admit fault or responsibility. You may
be feeling bad that it happened but legally it may not actually be your
fault. It is wise to consult legal counsel as quickly as possible.
IDENTIFY THE OTHER DRIVER
Obtain and write down the other driver's name, address, license
plate number, driver's license number and insurance information about
yourself to the other driver.
WITNESSES
Obtain and write down the names, addresses, and phone numbers of
any and all witnesses as soon as you can, both eyewitnesses and all
others who may have information about the circumstances of the accident.
ARRESTS
An arrest at the scene, whether of the other party or yourself,
does not necessarily indicate liability. Remember that any statement
made may be used as admission against you in later court proceedings,
whether civil or criminal, so it is very important that you contact a
lawyer as soon as possible before making any statements. Tell the
arresting officer you want to speak to your lawyer
WHEN TO LEAVE THE SCENE
If you feel you are injured, you
should get immediate medical attention. Inform the officer of your
injury and ask to be taken to the hospital or to your own physician. If
injury does not require you to do otherwise, do not leave the scene of
an accident in which you have been involved in any way until you have,
as described above, obtained assistance for the injured, protected the
scene, called and assisted an officer, identified the other driver,
obtained information about witnesses, made notes, and filled out the
Accident Information Form.
SEE YOUR PHYSICIAN
Remember that serious and costly injuries do not always manifest
themselves immediately in pain or bloodshed. Internal injuries may occur
just from having been shaken up severely, and emotional trauma, such as
fear of driving or being driven in a car, can also result from an
accident. Automobile liability and personal injury protection insurance
may pay for medical examination and treatment, especially if you have
not selected the verbal threshold type of insurance. You
may wish to review your insurance policy with your attorney now, before
an accident, and learn whether some injuries/treatments are not covered
because you have selected the verbal threshold.
INFORM YOUR INSURANCE COMPANY
Most policies require you to make a
complete and immediately report to the company. Failure to do so will
affect your rights.
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