What do I do at the scene of the accident?

If you have the misfortune of being involved in a motor vehicle accident, you will be confronted with many questions and issues that may be very confusing. The laws that apply to motor vehicle accidents are sometimes difficult to understand and may appear to be very unfair. Like most other new experiences in life, once you understand the ground rules, it is much easier to achieve a fair result. Lets begin by discussing what to do at the scene of the accident.

WHAT DO I DO AT THE SCENE OF THE ACCIDENT?

The most important issue in any accident is the health and safety of you and the passengers in your car. As a general rule you should not move your vehicle from where it came to rest following the accident until a law enforcement officer arrives. On the other hand, if your vehicle is in a place that is hazardous to you and your passengers, it may be necessary to move your vehicle out of harms way.

Being involved in a motor vehicle accident is a frightening experience. Following any accident it is very common to be upset, fearful and generally shaky. Try to remain calm. If a phone is available to you, notify the appropriate law enforcement agency immediately. If you do not have a phone, ask someone nearby to notify law enforcement that an accident has occurred.

Your health and the health of your passengers is the most important issue to address following an accident. If someone has been injured in your vehicle, you should not try to move them. Make the injured person as comfortable as possible until the paramedics arrive on the scene.

Be careful when exiting your vehicle that you are not placing yourself in further danger. After inquiring on the condition of your passengers, check on the occupants of the other vehicle as well, unless they are obviously hostile towards you. If that is the case, remain within or near your car until the officer arrives.

If you decide to exit your vehicle, try to take stock of the entire accident scene. It is important to write down the name, address and telephone number of anyone you believe may have witnessed the accident or its immediate aftermath. Although it is human nature to express concern for the occupants of the other vehicle, make no statements about who you believe was at fault. Say as little as possible to the other driver or the occupants of the other vehicle. It is important to pay attention to what the driver and passengers in the other vehicle say at the scene. Try to remember the exact words they use if they comment on how the accident occurred.

Make a mental note of any debris from the impact in the roadway. The exact location of debris may be evidence of the point of impact. Because such evidence may ultimately help determine who was at fault, take note of exactly where debris is located. The same is true of skid marks. Check to see if there are any skid marks on the road from any of the vehicles involved in the accident. Make a note of where skid marks are located, approximately how long they are and their angle to the roadway itself.

You have an obligation to truthfully answer any questions that a law enforcement officer asks you. It may be comforting to know that anything you say to the officer regarding how the accident occurred can not be used against you later. The same is true for the other driver. On the other hand, comments at the scene from passengers or witnesses may very well be admissible in court. Try to make a mental note of anything that the other driver or witnesses say to anyone at the scene as their comments may be useful later. Before the officer leaves the accident scene, make sure that you have received what is known as an "Exchange of Information" form. This form will list the name and address of the other driver as well as the identity and policy number of the insurance company covering the other vehicle.

If your vehicle must be towed from the scene, make sure that you remove all of your personal property before that occurs. Anything that can be removed should be removed to insure that it does not vanish in transit.