Car Accidents

It’s no surprise that for as long as there were vehicles on the road, they have been involved in accidents. Dating back as far as 954, deaths have been caused on roadways (in this case a death from falling from a horse!).  Roadway incidents have resulted in estimated death rates of 1.2 million people per year each year worldwide (as of 2004). Do you know what to do if you’ve been involved in an automobile accident? 

Regardless of where you live, there are some specific requirements that you must follow if you’ve been involved in any type of an accident, whether that accident involves another vehicle, property or persons, you’re required to stop, provide insurance information to the injured party and/or summon the authorities.  If you violate any of these requirements, you may be considered fleeing from the scene and can be charged with a hit and run offence which is generally considered a criminal offence in most jurisdictions.

There are some cases of course where charges may be filed if you’re involved in an accident, just as there are cases where no charges would be filed but other penalties might come into play, such as (a) increased insurance rates or (b) financial penalties by way of insurance deductibles.  Depending on the circumstances of the accident, criminal or civil liability charges might be filed as well.  States would be involved in criminal prosecution of drivers in the event that the accident involves serious injury or death of a driver or passenger – these charges can range from driving under the influence of alcohol or drugs, driving to endanger, assault with a deadly weapon, manslaughter or even murder charges.  These charges can carry with them penalties ranging from fines to jail time to a death sentence depending on the jurisdiction and the seriousness of the charges that are filed and successfully prosecuted. It’s important to find out what the rules are as they apply in your own state, however at a minimum, you should follow the following procedure if you are involved in a motor vehicle accident: 

  • Stop – make sure none of the people involved in the accident have any serious injuries
  • Call -  contact the local law enforcement agencies and emergency services if required
  • Exchange Information – in spite of the fact that you have contacted the local law enforcement you will want to exchange insurance information with the other driver involved
  • Talk – if there were witnesses to the accident that are available at the scene you should get their names, telephone numbers and other appropriate contact information
  • Get medical attention – regardless of whether you believe you’ve been seriously injured it is important that you at least visit the local emergency room. You may want to consider insisting that the other driver and passengers do the same. This will protect both of you.  You may also want to consider requesting a blood alcohol level test if there has been any suspicion of driving while under the influence.
  • Request – make sure you request a copy of the police report that is filed with all appropriate information from the scene of the accident.  Generally, it will take a few days before this is available.
  • Notify – contact your insurance company as quickly as possible after the accident to advise them of all pertinent information.


Staying Safe 

If you have been involved in an accident the first order of business is making sure that you, your passengers and others involved in the accident do not get further injuries waiting for law enforcement officials.  Immediately try to remove the vehicles away from oncoming traffic and also make sure that drivers and passengers are not in any danger from other traffic that might be on the roadway. 


 

Pull over – if you have been involved in an accident that occurs away from the side of the road, do your best to move the vehicles as close to the side of the road as possible.


 

Call – immediately call law enforcement officials and if needed emergency vehicles


 

Passenger Safety – if you have passengers in your vehicle you should have them leave the vehicle if it can be done safely – if it is not safe then leave them in the car.


 

Flares – if you have flares available in your car please set up the flares in positions where you can easily be seen by cars coming in either direction.  This will help keep the entire accident scene preserved as well as protecting all of the people involved.


Police Report – information they need 

When the law enforcement officials show up at the scene while you will be understandably shaken up from the ordeal you’ve just been through it is important that you provide them with as detailed a report as possible about the accident.  As accurately as possible, you will want to discuss

            (A) The number of people in each vehicle

            (B)  How fast you were going

            (C)  What the road conditions were at the time of the collision

            (D)  What time the accident occurred

            (E)  What the weather and lighting conditions were (daylight/dusk/night, rain/snow)

            (F)  Where each car was at the time of collision

            (G)  If you noticed any witnesses

            (H)  Note any injuries of passengers in your car

            (I)   If you have a camera take as many photos as possible


Why this is important 

The reasons you should be as detailed as possible with law enforcement officials fall into a number of categories – let’s look at some of the reasons:

1)  Accuracy:  You will want to ensure that you have as much detail as possible about the accident (a) possible cause, (b) possible injuries, (c) road conditions – in the event that driving charges are to be filed you will want to protect your position – you can do this by providing the police officials with as much information as possible.


 

2)  Insurance:  Your insurance company will rely heavily on the police report that is filed before they determine the way to pursue collection against the other driver involved as well as how to pay any claims that you will file.  Providing as detailed a report as possible at the scene while the incident is fresh in your mind will help provide this necessary information.


 

3)  Medical:  Generally, when you are involved in an automobile accident in addition to being frightened your body will react to all of the stress by producing high levels of adrenaline.  The higher levels of adrenaline in your system will often mask any immediate aches and pains that you might have suffered as a result of the collision.  Just because you feel fine at the scene of the accident doesn’t always mean you have not suffered any injuries!  Once you have had an opportunity to reevaluate your physical condition you may find that in fact you have minor injuries that were masked by the increased adrenaline in your system.


 

4)  Legal: All too often, while you may not believe that you are at fault for an accident the driver in the other vehicle will also feel the same way.  The end result is that the 2nd driver may pursue legal action against you for (a) damage to the vehicle, (b) injuries to the driver that you may not have been made aware of at the scene or (c) injuries to the passengers in the vehicle at the time of the collision.   In addition to this possibility, you may also be facing charges that can impact your drivers’ license, such as (a) driving to endanger, (b) failure to yield, (c) uninsured/underinsured driver or (d) driving under the influence.  Having an accurate police record filed immediately will assist you in mitigating any charges that may be filed against you in the event that legal charges are filed after the accident.  This may also assist you if the driver of the other vehicle decides to pursue personal liability charges for injuries sustained during the accident.


Dealing with your insurance company 

As soon after the accident as possible, you will want to contact your insurance agent and advise them of the automobile accident.  You will want to provide during this initial call at a minimum the particulars of the accident, the name of the other driver and the jurisdiction where the accident occurred.  It is also a good idea for you at this time to draw a ‘map’ of the accident, placing the vehicles in a piece of paper in the location they were in when the accident occurred and then writing out in explicit detail as much as you can remember about how the accident occurred, why it occurred.  You should make particular note of weather conditions, was it raining, snowing, sleeting or was there an absence of weather; you’ll also want to note lighting conditions – both the road lighting conditions (i.e. bright lights, no lights) and the natural lighting – was it sunrise, sunset, broad daylight, evening, twilight or other details that might come to your mind.  You will also want to be as specific as possible about road conditions and advise the insurance company whether the roads were wet, dry, icy, covered with slush or had a buildup of snow on them.  While some of these details might seem minute to you at the time you’re writing them down they could potentially be the keys you’ll need when filing claims with not only the insurance company, but also any potential legal offense or defense that might be needed as the investigation proceeds. 


 

If you were aware of any distractions that you or the other driver involved in the accident might have been subjected to you should make note of these as well.  Distractions can include cell phones, hand held personal devices, children fighting in the vehicle, driver looking out the wrong window or a driver talking to passengers.  All of these things may come into play should there be any civil or criminal charges filed after the accident.


 

Other items that might prove critical are traffic flow – how many cars were on the road when the accident occurred – was the road crowded – rush hour traffic – moderate traffic – light traffic – no traffic,  what was the average speed of the traffic – at speed limit – below speed limit – above speed limit.  You will also want to make not of any particular road signage or traffic signs – speed limit, exit signs, constructions signs or detour signs.  While these may seem to be minor details, you never can guarantee that they will not come into consideration when you are dealing with the repercussions from an automobile accident.


 

Your insurance company will also want to know what the medical and physical as well as mental condition of you, your passengers, the other driver and any passengers in their vehicles.  You should be as detailed as possible about the condition of each and every person who was involved in the accident.  Make special note of any peculiar behavior, jerky movements, unusual movements or lack of movement.  You should also note any comments that any person may have made that might indicate they have a minor or major injury.  If any passenger or driver is suspected to be under the influence of any type of medications, illegal substances or alcohol this should also be noted in detail as it may influence the potential issues that could arise from the traffic accident.  You will also want to notify the insurance company if anyone was removed from the scene by an emergency vehicle or if you become aware that any persons involved in the accident were seen later at an emergency room or by their personal physician.  If at all possible, the names of the hospitals or doctors involved should be provided.  The condition of the vehicles will also be required.  If you were fortunate enough to have a camera on the scene, you can provide pictures but otherwise a detailed description of each vehicle and the condition before (if known) and after the accident should be provided.


Insurance Requirements 

Once you’ve been involved in an accident, it’s probably not the best time to review your liability insurance.  Each state has specific requirements about the amount of liability insurance that you should be carrying in the event of an automobile accident.  Hopefully, you are fully covered, but this is a good time to review with your insurance agent what your policy covers and what potential other liabilities you might be subjected to after your insurance pays the maximum amount that is allowed under your policy.  This of course is especially true if you are at fault in an accident.  You may also want to review with your agent the coverage for not only your vehicle but the other drivers’ vehicle coverage under your policy.  While a great deal of negotiations will take place between your insurance company and the other drivers insurance company, you will want to make sure you understand all of the possible outcomes to the insurance claims.


Determining Fault 

It is not up to you as the person involved in the accident to determine who was at fault for the accident, normally, this will be up to the law enforcement jurisdiction where the accident occurred.  Some accidents involve being able to determine fault very easily while others may not be so clear.  Here are some of the potential results of various types of automobile accidents you may have to consider:


 

A)  When a rear end collision takes place – the driver who hit a car in front of them is always at fault in these types of accidents.  The rules of the road in all states dictate that a driver must maintain control of their car at all times.  Depending on the speed the vehicles involved in were traveling, a rear end collision may have serious repercussions.  Many injuries are caused by rear end collisions from minor whiplash type injuries to death.  If you have struck someone in the rear end regardless of the injuries sustained you may want to consider contacting an attorney as soon as possible after the accident.  Contacting an attorney doesn’t mean you believe you’re guilty of anything, it simply will help you understand the potential charges you may be facing and will enable you to mount a proper defense.  Remember, not only does being involved in an accident result in the damage of property (at a minimum the vehicles involved) but there are potential victims and you may also be facing higher insurance premiums and a potential loss of your driver’s license.


 

B)  Driving under the influence – all states have enacted very strict driving under the influence statutes.  If you were under the influence of any drugs (legal or illegal) or alcohol and you were involved in any type of an automobile accident at a minimum you will be facing potential DUI charges.  You may also be found at fault for the accident simply because of this charge whether you struck the other vehicle or they struck you.  You should contact an attorney immediately if you believe that any DUI charges may be filed as a result of an automobile accident.  A competent attorney will assist you in not only minimizing the charges you may be facing in relation to the DUI but may also be able to assist you in minimizing the risk of losing your driver’s license and incurring additional insurance premium charges.


 

C)  Failure to Yield – if you or another driver failed to use proper caution when entering an intersection, in spite of clearly posted traffic signs or signals, ultimately the person failing to yield could be found at fault for the accident.  This may be true even if one driver was technically violating the traffic signs that are clearly posted in the area.  For instance – let’s assume for a moment you are leaving a major highway and entering a local highway and you have a stop sign and you properly stop and evaluate your ability to enter the traffic flow.  If you decide it is safe to enter the local roadway yet fail to see a driver who has crossed over the line of traffic causing them to pass in front of you as you’re entering the roadway and you hit them broadside you may still be charged with failure to yield.  This type of an accident requires many things (a) be certain to be fully aware of your surroundings, (b) get names, license plates if possible and phone numbers of potential witnesses and (c) make a complete and accurate police report.  You will most certainly want to contact an attorney if you believe you may be charged at fault in this type of an accident.  You may be able to mount a defense that will allow you to not only have these charges dismissed but also avoid losing your driving privileges and avoid costly points placed on your driving record.


Do you need a lawyer?
 

There are some specific times that you should seriously consider obtaining legal assistance when you’ve been involved in a car accident. This can help protect you in the event that your right to drive is brought into question or if you are facing potential charges in any type of a car accident.  Your rights might also need protection if the driver of the other vehicle involved decides that you should pay more than your insurance coverage for injuries or property damage involved in the accident.  When searching for an attorney when you’ve been involved in an automobile accident you should take a number of things into consideration such as:


 

A) Criminal Charges – are you facing potential criminal charges as a result of a car accident? Possible charges could range from driving under the influence to manslaughter or murder. Be sure you determine if any criminal charges are going to be filed against you.  If this is the case, you are going to need an attorney who is fully versed in the criminal statutes in your state, your county and any other jurisdiction where you might be facing charges.

B)  Personal Injury – if there is a potential for a personal injury suit being filed against you as a result of an automobile accident you will want to hire a competent personal injury attorney who practices law in your area. When searching for a personal injury attorney you will want to determine what their experience is as it pertains to the specific type of personal injury filing that you are facing.  Personal injury law has different requirements and limitations in each jurisdiction so be certain that you understand all of the potential liabilities you are faced with when hiring an attorney.

C)  Motor Vehicle Citations – If you are facing possible points and penalties on your drivers license you may be faced with possibly a loss of your driving privileges.  Not every legal firm has experience in dealing with the departments that handle motor vehicle citations.  Be certain when you are searching for an attorney that you inquire as to what they understand about your states motor vehicle citation laws and find out how they would defend you against these charges.  It could mean the difference between keeping and losing your right to drive as well as potentially costly additions to your insurance premiums.


 

Once you have retained legal counsel you should no longer discuss the aspects of your case with the other drivers insurance company, your insurance company or any law enforcement agencies. All inquiries at that point should be routed through your legal defense team. 


Medical Care – you and passengers 

It is possible that you or someone in your vehicle may have been injured in an automobile accident and you’re wondering how to deal with the medical care that might be needed.  First of all, hopefully all of you were thoroughly checked out at an emergency room soon after the accident.   Carefully document bruises, bumps, broken bones or any other incidents of injury as soon after the accident as possible. Don’t assume that if no one appeared to be injured the day of the accident that aches and pains will not occur as much as forty eight hours after an accident.  Don’t dismiss aches and pains that might appear, as you never know what the cause might be and you should be certain that you as the driver or any passenger who develops headaches, backaches or other pain seek prompt medical attention.


 

Most times after an accident, if we see an emergency room physician the record will clearly state the visit is for pain as a result of a motor vehicle incident.  Be sure if additional visits are required that notes are made in the files stating that the injuries are the result of the accident – this could be critical if you find you have a personal injury case to be filed on behalf of you or any passenger in your vehicle.  Regardless of who is at fault for the accident (or is later found to be at fault), a clear concise record of all injuries related to the accident may be critical to your legal team or your insurance company.

Dealing with Law Enforcement Agencies 

Your initial contact with law enforcement officials probably happened at the scene of the automobile accident.  Chances are that throughout the course of dealing with this accident, you’ll be in contact with a number of law enforcement agencies, most of whom you’ve never had to deal with before.  The first thing you need to be aware of is that if you have hired an attorney you should provide all law enforcement agencies and individuals to that attorney.

If you have not hired an attorney, you should respond to all law enforcement agencies in a timely manner and answer any and all questions that are posed to you.  In addition, you should also make sure you thoroughly document all contact and what the substance of those discussions are in the event that you decide to hire an attorney.