What to do in an Auto Accident?
Auto
Accidents
Even the best drivers are subject to automobile accidents. Therefore,
we should all know what steps to take immediately following an
accident to protect the life, limb, property and legal rights
of those involved. Doing the right thing, in the right way, at
the right time may save a life; it will always minimize, and
often avoid, legal problems.
Here are the steps you should take if you are involved in an
accident with another vehicle or a pedestrian:
Stop
Your Car
Never leave the scene of an accident in which you or your car
were involved. No matter how slight the collision, if you fail
to stop you may subject yourself to criminal prosecution, even
though the accident was not your fault. Stop you car as soon
as possible without further endangering any person or property,
and without obstructing traffic. Do whatever is necessary to
warn oncoming traffic in order to prevent further accidents.
If possible, station someone in position to warn approaching
vehicles. At night, use flares or reflectors or your flashlight,
if available.
Call the Police
Policemen are trained to handle any situation that may result
from or arise after an accident. If you are involved in an accident,
even though you are not physically injured, you may suffer from
shock and excitement which makes it difficult for your to think
clearly at the time. Let the police take over when he arrives.
He will handle any emergency and investigate the accident. His
report of investigation may be helpful to you later if you are
sued, or if you decide to sue someone else. If the accident occurs
within the limits of a city, village or town, call the municipal
police. If it occurs on the open highway, call the nearest State
Police Station or the County Sheriff's office.
The
Law Requires Information
The motor vehicle law of California requires the driver of any
vehicle involved in an accident to give his name, address and
the license number of the vehicle he is driving to the other
party. If it is requested, the driver must exhibit his driver's
license. Leaving the scene of an accident without furnishing
such information may subject you to criminal prosecution.
If you collide with a vehicle which is unattended, the law requires you to
locate the operator or owner of the vehicle and tell him your name and address.
If you cannot locate the owner, leave a written message stating your name and
address and the circumstances of the collision in a conspicuous place or in
the unattended vehicle.
The best policy is to give no more information than the law
requires. Do not comment on the cause of the accident, and do
not admit fault even if you think you were in the wrong. You
may discover later that the other driver was equally or more
to blame. In addition, immediately after an accident you will
most likely be emotionally or physically upset to such an extent
that you will be unable to accurately appraise the situation.
There will be a time for explanations later. No one has the right
to force you to give an opinion as to the cause of the accident,
at police headquarters or elsewhere. You have the right to consult
a lawyer before making a statement.
Obtain
Protective Information
Just as the law requires you to give certain information, you
are entitled to the same information form other persons involved
in the accident. Do not fail to obtain this information. In addition
to the names and addresses of the persons actually involved,
make an effort to obtain the names and addresses of all persons
who witnessed the accident. Witnesses may be important later
if legal action becomes necessary. Also, if reasonable to do
so:
- Make notes of the important aspects of the collision to
help you remember them.
- Diagram the exact position of the
vehicles before and after the accident.
- Step off skid marks
and other important distances.
File
Accident Reports
Notify your automobile insurance company immediately and cooperate
with your insurance representatives in their investigation.
In addition, California law requires you to file a written report
of any accident in which you were involved which resulted either
in the death or injury to any person and in most accidents where
property damage occurred. Failure to file a report may cause
you to lose your license. A report form may be obtained at any
police station or sheriff's office. The place where the report
should be filed appears on the form. The filing of the report
should be within ten days after the accident.
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Arrests
An arrest, either of you or the other party, does not necessarily
indicate liability for the accident. However, a statement of
guilt or a plea of guilty to a traffic ticket, may be used as
an admission, so it is important that you obtain legal advice
if you are arrested. Receiving a ticket is an arrest.
Your
Rights
If you are not certain of your rights, consult with a lawyer.
Your insurance company will always be represented by trained
adjustors or by an attorney. You should ignore any attempt by
a representative of the other party to influence you against
the advice of your own attorney. Furthermore, beware of an attorney
or anyone representing an attorney who approaches you with a
request to handle your case. Solicitation of business is an unethical
practice in the legal profession. Solicitation by non-lawyers
is illegal and a violation of state law.
Damages
If you lose work, sustain injuries or have other losses, you
may be entitled to reimbursement under your own policy of insurance
if the conditions have been met. You may also be entitled to
damages from the other party to the accident.
Awarding monetary damages is the law's method of putting the
wrongfully injured party, as closely as possible, into a position
equal to that position before he was injured. If you are in the
right you may be entitled to recover money for the following:
- Nature, extent and duration of injuries.
- Pain and suffering
from injuries.
- Disability, both temporary and permanent.
- Reasonable expenses
resulting from injury, including medical and hospital expenses.
- Loss of income.
- Value of damage to property.
The
Law Requires Insurance
The motor vehicle law of California now requires that all motor
vehicles intended for use on public highways be covered by liability
insurance. Certain vehicles are exempt from this requirement
including inoperable or stored vehicles that are not operated.
You must also have within the vehicle proof of insurance. Insurance
companies issue insurance cards which comply with this requirement.
The law allows the Secretary of State to request verification
of insurance from you. Violations of this provision will result
in significant financial penalties and may result in loss of
driving privileges.
